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Staff Report

Emeryville City Council
April 5, 2022

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Staff Report
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April 5, 2022
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Text extracted from the city's file for reading and search. Open the original on emeryville.legistar1.com. That file is the official record.

DATE: April 5, 2022
TO: Christine Daniel, City Manager
FROM: Charles S. Bryant, Director of Community Development SUBJECT: EmeryStation Overland Project, 1580 62nd Street

RECOMMENDATION
Staff requests that the City Council consider this staff report and provide feedback by responding to the questions posed under the section “Issues to be Considered”.

BACKGROUND
On March 1, 2021, Wareham Development filed an application for a Conditional Use Permit and Design Review for a new 300,000 square foot research and development building and an associated parking garage at 1580 62nd Street. The project requires 100 development bonus points for building height. Wareham proposes to earn some of these bonus points through the “Flexible Community Benefit” by converting a portion of the existing live-work units in the adjacent Hollis Street Building into below market rate (BMR) units. Use of the Flexible Community Benefit requires that the entire project be approved by the City Council. Otherwise, approval of the project could be considered by the Planning Commission and would only be considered by the Council if it were appealed.

On April 24, 2021, the Planning Commission held a study session on the project. The Commission expressed concern about the amount of parking being provided, and requested further analysis from the applicant to justify their request for more parking than the maximum permitted. A majority of the Commissioners agreed that the “Art Walk”, while a good component of the project, would not be appropriate for bonus points; instead, they expressed support for undergrounding of utilities on the south side of 63rd Street between Horton Street and Overland Avenue for bonus points. There was general support for staff’s suggestion of a “Village Green” cul-de-sac on 63rd Street, with the understanding that it would depend on the details of its design and operation. Concern was expressed regarding the applicant’s proposal to obtain bonus points via conversion of a portion of the existing 41 live-work units to affordable units. It was noted that this proposal would not actually add to the number of affordable units in the City, as the applicant stated that these units were already being rented at below market levels. There was also concern expressed regarding potentially displacing existing tenants. A Commissioner suggested having a bicycle and pedestrian path cutting through the site directly from 62nd to 63rd Street, which was supported by most of the other Commissioners. The Commission agreed that stormwater treatment areas should not be counted towards open space requirements. It was noted that bird friendly guidelines needed to be followed and that the design did not mirror the industrial aesthetic. The Commission was clear that all sidewalks need to meet the minimum widths as outlined in the City’s Design Guidelines. One Commissioner mentioned that that project did not provide adequate sustainable features.

On July 20, 2021, the City Council held a study session to review the Flexible Community Benefit component of the project. At the study session, the Council requested some additional information in order to determine whether to allow bonus points to be earned through the conversion of live/work units into BMRs via the Flexible Community Benefit.

On November 16, 2021, the City Council held a two-part study session. The first part focused on the developer’s proposal to obtain development bonus points through the conversion of existing market rate residential units to Below Market Rate (“BMR”) units as a Flexible Community Benefit. Staff presented an analysis of this proposal, which included providing 10 BMR units, three of which would be reserved for very low-income households earning up to 50% of the Area Median Income (“AMI”), and seven of which would be for low-income households earning 51% to 80% of AMI. The City Council indicated agreement with the proposal generally and provided direction to staff on additional business terms relating to the maximum allowed vacancy rate and actions in the event the units are rendered unlivable due to a natural disaster.

Because the Council agreed to incorporate the Flexible Community Benefit into the project, the entire project will require City Council approval. Therefore, the Council went on to hold Part 2 of the study session, which was on the overall project. The Council was supportive of the project, but expressed a desire to revisit the way that the applicant would earn the 20 additional bonus points needed for the project, and indicated that, in order to make the findings required for parking over the maximum, the applicant would need to incorporate enhancements to pedestrian and bicycle circulation into the project, specifically by providing protected bicycle lanes around the site and closing Overland Avenue between 63rd and 64th Streets to create a “village green”.

Changes To The Proposal Since November 16, 2021, City Council Study Session The project plans have not substantially changed since the November 16, 2021 study session except as noted below:
(1) New planting areas on the Research and Development building roof and planting areas and solar panels on the existing live-work building that is to be retained (See Sheets A1.06, L3.02 and L3.08). (2) New planting areas and solar panels on the roof of the existing live-work buildings (See Sheets A1.06, L3.01. L3.02 and L3.08). (3) Inclusion of Material Boards for the new buildings (See Sheets A3.21 and A3.22). (4) Terrace Details of the new Research and Development building (See Sheet A3.25). (5) Inclusion of Courtyard and Art Walk Renderings (See Sheets L1.01 to L1.14). (6) Inclusion of additional details on landscaping plans including plant palette and hardscape materials (Sheets L3.01 to L4.01). (7) Submission of Arborist Report (See Attachment 1)
(8) Proposed Pedestrian and Bicycle Improvements (Attachment 2) Project Description
Project and Surrounding Area:

The project area is bounded by 63rd and 62nd Street on the north and the south respectively and by Hollis Street on the east and Overland Avenue on the west. Across 62nd Street is the Emeryville Post Office and the Heritage Square Development. Across Overland Avenue to the west are the Union Pacific main line railroad tracks. Across 63rd Street to the north are the Alameda County Fire Services Building and a FedEx facility. Across Hollis Street there are a series of small one-story industrial buildings.

The project area is a 3.9-acre single parcel site that is currently developed with 160,000 square feet of buildings. The “Hollis Street Building” is a concrete multi-story, L-shaped building fronting on Hollis Street and containing Ruby’s Café. Forty-one live work units are also located on the upper floors of this 83,000 square foot structure. There are various other older ancillary single story warehouse buildings on the western portion of the site that total approximately 77,000 square feet.

Subdivision of Parcel:

The applicant plans to subdivide the parcel to create two parcels. The one that will accommodate the existing Hollis Street Building will be 59,235 square feet in size. The building will be retained, and no physical changes are being proposed to it. The second parcel will be 113,325 square feet in size, and it currently accommodates one-story warehouse buildings and will be the site for the proposed project described below. Analysis of all development standards for the proposed new Research and Development building and parking structure, including floor area ratio (FAR), open space, landscaping, and bonus point calculations, are based on the proposed new 113,325 square foot parcel. The existing Hollis Street Building, where the live-work units to be converted to BMRs are located, is considered “off-site”.

Project Proposal:

The applicant proposes to demolish all single-story warehouse buildings and construct a new 5-story, 300,000 square foot Research and Development (biotech/lab) building and a new 496 space six level parking garage plus one basement level of parking (See Sheet A0.00: Existing Site Plan). The new Research and Development building would be located on the western portion of the parcel. The building would be 80 feet high and shaped in a U-formation with a 10,600 square foot central plaza off of 62nd Street, with the building front oriented towards Horton Street (See Sheet A0.01: Site Plan).

The parking garage is proposed on the northeast portion of the site, tucked between the new building and the remaining Hollis Street Building. Access to the garage would be from 63rd Street. A small service yard would be placed between the garage and the new building, also fronting 63rd Street, on the east side of the midblock path. An on-street loading zone would be provided along 63rd Street behind the new building, west of the service yard (See Sheet A1.01: Level 01 Plan).

The public will be able to cut through the block between 62nd Street and 63rd Street through a proposed bicycle/pedestrian path that is 23 feet wide. In addition, an L-shaped “Art Walk” is proposed between the new garage building and the existing live-work building that will also provide a walking connection between 62nd Street and 63rd Street. This path varies in width between 9 feet and 11 feet along the east side of the garage, and a minimum of 20 feet along the south side of the garage. (See Sheets A0.01: Site Plan, L0.01: Illustrative Landscape Site Plan and L1.11: Art Walk Plan).

Research and Development Building: Sheets A1.01 to A1.05 provide floor plans for the building. As noted above, the building entry is sited behind a large plaza off 62nd Street. Back of house operations will be along the 63rd Street frontage, including trash holding areas. An enclosed bicycle parking area accommodating 58 long term bicycle parking spaces and showers are also located at this level. (See Sheet A1.01: Level 01 Plan).

Sheets A3.01 and A3.02 provide elevations indicating a glass building with a combination of glass with reflective coating, tinted glass, and back painted spandrel glass. Building renderings are shown on Sheets A3.31, A3.32. A3.33, and A3.34. The height of the building is 80 feet and accommodates 5 stories. (See Sheets A3.11 and A3.12: Building Sections).

Much of the roof will be taken up with mechanical equipment that will be screened by a 15-foot metal screen. (See Sheet A1.06: Lower Roof Plan; Sheet A3.11: Building Sections). See also Sheet A3.01: Building Elevation to understand how the screen will appear visually. In addition, a portion of the roof will include planting (See Sheets A1.06: Lower Roof Plan, L3.02: Garage Planting Plan and L3.08: Planting Materials Green Roof).

Parking Garage: Sheets A2.0 to A2.7 provide floor plans for the 496-space parking garage. The proposal includes one basement parking level and six above ground levels. Sheet A2.S provides a parking Summation Chart showing the number of accessible parking spaces, standard spaces, and electric vehicle (EV) parking spaces. Forty-five EV spaces are proposed.

Sheets A3.02 and A3.03 provide elevations showing a mix of materials, although the main material is board form concrete. Aluminum slats and board form concrete with color admixture occur in smaller proportions. Planters made of metal are proposed to add interest to the building and a potential location for artwork has also been identified. The height of the building is 55 feet. (See Sheet A3.13: Longitudinal and Transverse Sections). Sheets A3.35 and A3.36 provide renderings for the garage structure.

Landscaping and Tree Removal: Sheet L0.02 indicates removal of 18 street trees: 13 along 62nd Street, three along Overland Avenue and two along 63rd Street in order to accommodate the project. An arborist report has been submitted and provides details on the trees to be removed. The report estimates the value of the trees to be removed to be $146,000. The project will be conditioned to pay the replacement value of the trees in addition to replanting of street trees.

Sheet L0.01 provides an overall preliminary landscape plan for the project area showing 7 new trees along 62nd Street, 9 new trees along Overland Avenue and 11 new trees along 63rd Street, for a total of 27 new street trees. Sheet L1.01 shows preliminary landscaping elements for the proposed 10,000 square foot plaza/courtyard area. See Sheets L1.02 to L1.04 for Courtyard Renderings. The plan also indicates landscaping along the “Art Walk” (See Sheet L1.11: Art Walk Plan) with Sheets L1.12 to L1.15 illustrating rendered elevations of the Art Walk.

Streetscape sections for 62nd Street, Overland Avenue and 63rd Street are provided on Sheets L2.01, L2.02 and L2.03, respectively. Both 62nd and 63rd Streetscape include a 4-foot landscape strip with an 8-foot sidewalk. On Overland Avenue a 7.5-foot pedestrian pathway is maintained with stormwater planting between the walkway and the building face varying between 0 and approximately 15 feet.

DISCUSSION
Conformity to General Plan and Planning Regulations
General Plan Land Use
The General Plan Land Use Diagram (Figure 2-2) classifies the project site as “Office/Technology”, which is described as (Section 2.4): “Administrative, financial, business, professional, medical and public offices, research and development, biotechnology, and media production facilities.” The project is consistent with this description as the new building will house Research and Development and associated uses. The Land Use Diagram also classifies the project site as being within a “Major Transit Hub”, which is described as “transfer points where high-volume transit lines intersect. These are located in the Amtrak station with access from both sides of the rail line, and at 40th Street and San Pablo Avenue.” This is implemented through the Transit Hub Overlay Zone (TH), as described below.

Zoning District
The base zoning district for the site is “Office/Technology” (O/T), which allows for a variety of commercial uses that include Research and Development as a permitted use.

The site is also in the Transit Hub (TH) overlay zone, where all parking requirements are reduced by 50%. This is further discussed below.

In addition, the site is in the North Hollis Overlay Zone (N-H), which stipulates that the project shall be subject to the Design Guidelines in the North Hollis Area Urban Design Program (Planning Regulations Section 9-3.402(a)(2)). These guidelines include:

All development should be oriented to public streets and rights-of-way.

All new development shall be set back from the property line by at least 5 feet or a dimension that results in a sidewalk and landscaping zone of at least 15 feet from the roadway curb to the face of the building. The setback should be treated as an extension of the sidewalk area (where there are ground level commercial uses), or as front yards (where ground level residential uses are proposed.

Parking should not be permitted within the required setback areas described above. To the maximum extent practicable, parking facilities should be oriented away from the public right-of-way behind, beside, or within building structures. Parking structures along the public right-of-way should, to the maximum extent practicable, include ground level uses that screen the parking and create street activity.

Loading and service areas shall, to the maximum extent practicable, be located away from public streets and rights-of-way, and visually screened from public view with hedges or vines. No service area shall rely upon the public right-of-way for truck staging or maneuvering that impedes pedestrian or vehicular movement.

This area [west of Hollis Street] is characterized by larger warehouse and industrial buildings, many of which have been rehabilitated for office and commercial use. The area offers the opportunity for larger floor-plate structures including office, research and development and light industrial uses. The treatment of buildings should reflect the industrial character of the area through strong horizontal expression and roof forms (e.g., monitor roofs, skylights) and use of metal finishes, canopies, and large expanses of glass.

The existing industrial buildings within the North Hollis area that have architectural or historic value should be preserved and reused to the maximum extent practicable. Key elements of the structures that contribute to the industrial character (e.g., canopies, roof forms, fenestration, materials, etc.) should be retained and/or replicated.

Street trees shall be selected based on soil and groundwater tests and the table [on page 28 of the North Hollis Plan]. Trees should be planted 20 to 30 feet on center, depending on the likely spread. The tree well sizes specified in the table will provide ample exposed soil areas so that tree roots can thrive.

Floor Area Ratio (FAR)
The maximum Floor Area Ratio for the site is 2.0 and can be increased to a bonus FAR of 4.0 with a conditional use permit and the provision of additional affordable housing impact fees and community benefits. As building square footage for parking is not included in the FAR calculation, the proposed 300,000 square foot building will result in an FAR of 2.6 (300,000/113,325). This will require 30 bonus points (0.6/2 x100).

Please note that the eastern portion of the site lies in a lower FAR category (1.5 Base/3.0 Bonus) and the parking garage is partially in this category. However, as parking does not count as square footage, this does not affect the FAR calculation.

Height
The site falls within two height categories as well. The eastern portion of the site is in the 30’ (Base)/55’ (Bonus) height category and the remaining portion of the site lies in the 50’ (Base)/100’ (Bonus) category.

The proposed height of the Research and Development building is 80 feet, and it lies in the higher height category of 50 feet being the base height and 100 feet being the bonus height. This will require 60 bonus points (30/50x100).

The proposed height of the parking garage is 55 feet, and the eastern portion of it lies in the lower height category with 30 feet being the base height and 55 feet being the bonus height. This will require 100 bonus points (25/25 x100).

Section 9-4.202 (d) outlines rules for sites that have split heights limits. It states that “if a lot is in two or more height districts on the General Plan Height Map, the height limit indicated on the map shall apply to each portion of the lot, except that the height limit for the entire lot may be increased up to the maximum height limit applicable to any portion of the lot upon the granting of a conditional use permit pursuant to Article 5 of Chapter 7. Such a conditional use permit may be granted only if both of the following conditions are met:
(1) At least fifty percent of the lot area is already covered by the district with the maximum height limit; and (2) The entire lot could be included in said district by shifting the height district boundary by not more than fifty feet as measured perpendicularly to said boundary at any point.

Although the proposal meets the first condition, it does not meet the second condition, because it would be necessary to shift the height district boundary by approximately 114 feet in order to include the entire lot in the 50’/100’ height district. Therefore, the 30’/55’ height district applies to the eastern portion of the site, and the project will require 100 bonus points to achieve a parking garage height of 55 feet.

Bonus Points
Pursuant to Section 9-4.204, the project as proposed requires 100 bonus points, the greatest of the number of points required for FAR (30) and for height (100).

For non-residential projects, pursuant to Section 9-4.204(d), the applicant will need to obtain half of the bonus points (50) by paying an additional affordable housing impact fee. As such, the applicant will need to pay an additional 100 percent of the affordable housing impact fee at the time of building permit issuance. For reference, the current affordable housing impact fee is $4.83 per square foot, so the applicant would need to pay $9.66 per square feet (or about $2.9 million) to obtain 50 bonus points if the building permit were issued today. The actual fee required will be whatever is in effect at the time that the building permit is issued.

The remaining 50 bonus points must be earned through the provision of community benefits, pursuant to Section 9-4.204(e). Possible benefits include additional public open space, zero net energy, public improvements, utility undergrounding, and a contribution to the City’s small business fund. The applicant is requesting 20 bonus points from the Public Open Space community benefit and would develop an equivalent of 5% of the project site area (beyond that required by code) for public open space. See Sheet APP-00.01: Open Space Area Plan.

A preliminary review of the proposal suggests that the proposed open space meets the dimensional and total area requirements. (See discussion below under “Open Space”.) The project is also requesting 30 bonus points from the Flexible Community Benefit category by creating affordable housing units by converting a portion of the existing 41 live/work units in the Hollis Street Building into a combination of very low-, low-, and moderate-income housing. At its November 16, 2021, study session, the City Council was presented with the negotiated terms for providing a Flexible Community Benefit of providing ten Below Market Rates (BMR) units at the Hollis Building, calculated at a value of approximately $4,920,000, or 3% of construction valuation (10 bonus points per 1% of construction valuation). The Councilmembers indicated that they were satisfied that the project could obtain 30 bonus points in this manner. Attached is the City Council staff report on the Flexible Community Benefit category (Attachment 4).

Parking and Loading
Vehicular Parking:

New Uses: Typically research and laboratory businesses need space for laboratory and office on a half and half basis, and the City has used this criterion for other such projects including the recently approved BMR Emeryville Center of Innovation project.

The estimated demand for parking for the office space (150,000 square feet) is 357 spaces (2.4 spaces per 1,000 square feet of office space excluding the first 1,500 square feet of new office buildings), ((150,000 -1,500) x 2.4/1000); and for Research and Development space the estimated demand is 223 spaces ((1.5 spaces per 1,000 square feet excluding the first 1,500 square feet), ((150,000-1,500) x 1.5/1000). As the project lies in the Transit Hub Overlay Zone, the parking demand estimates are reduced by half. This calculates to an estimated parking demand for the office portion of 178.5 spaces, and 111.5 spaces for the Research and Development portion, for a total of 290 spaces.

Existing Uses: The existing building on Hollis Street that will be retained includes 35,500 square feet of office space, 7,463 square feet of warehouse space, 4,265 square feet of restaurant space and 41 live-work units. After subtracting 1,500 square feet for each non-residential use and applying the 50 per cent reduction for the Transit Hub Overlay, the total estimated parking demand for these uses is 84 spaces. The applicant is proposing to assign 68 spaces for existing uses in the new garage building.

Thus, the total estimated parking demand for the existing and proposed new buildings is 374 spaces (290 spaces for the new Research and Development building plus 84 spaces for the existing building).

There is no minimum parking requirement and the maximum allowed is 10% more than the estimated demand. So, the maximum parking permitted is 411 spaces (374 + 10%). Pursuant to Section 9-4.404(h), the maximum may be exceeded upon the granting of a conditional use permit.

The applicant is proposing a 496-space parking garage which is 85 more parking spaces than the maximum allowed. The project will therefore require a conditional use permit to allow parking above the maximum. For such a use permit to be approved, the following findings would need to be made:
(1) That the applicant has convincingly demonstrated that the additional parking is required to meet the anticipated parking demand of the proposed uses. (2) That the provision of the additional parking will not result in an overdependence on automobiles and will not adversely affect transit, bicycle, or pedestrian access to the site or other adjacent uses.

Bicycle Parking: The project will trigger one short-term and one long-term bicycle parking space for every ten automobile parking spaces indicated as the estimated parking demand. As the estimated demand is 580 spaces, 58 long-term bicycle parking and 58 short-term parking spaces will be required. (Note that there is no Transit Hub Overlay reduction for bicycle parking since the intent of this overlay zone is to encourage alternative transportation such as bicycles.) The applicant shows 30 short-term bicycle parking along the bicycle/pedestrian path; 8 spaces in the plaza area; and 20 spaces inside the garage for a total of 58 spaces (See Sheet L0.01). Section 9-4.408(e)(1) states that all short-term parking “shall be provided within a convenient distance of, and clearly visible from, the main entrance to the building”. The 20 spaces inside the garage do not meet the locational criteria for short-term bike parking and will need to be revised so that it complies with Section 9-4.408(e)(1) of the Planning Regulations.

A bicycle storage room on the ground floor level of the Research and Development building accommodates 58 long-term bicycle spaces. Except as noted above, the project meets the bicycle parking requirements.

Loading: The project will trigger 2 medium loading spaces (12’ x 35’ x 14’ high) and 1 large loading space (12’ x 50’ x 14’ high). The plans show three large sized loading spaces on the ground floor in back-in loading docks accessed from 63rd Street. Note that Section 9-4.409(c) stipulates that, in approving a project, the Planning Commission or City Council, as the case may be, may modify the number and size of required loading spaces because of the nature of the use or the design of the project. In this case, such modifications are not necessary because the project meets the loading requirements.

Open Space
Section 9-4.303(a)(3) requires new commercial buildings or additions that exceed 100,000 square feet to provide a minimum area of common open space and/or Privately Owned Public Open Space (POPOS) that totals at least five percent of the gross floor area. Included in this requirement, the developer must provide a minimum area of POPOS that totals at least one percent of the gross floor area. For the proposed project this equals 15,000 square feet of open space, including a minimum of 3,000 square feet of POPOS.

The project provides 15,021 square feet of common open space in the form of the building courtyard (6,352 sq. ft.) of which 3,000 sq. ft is designated as POPOS; a north lobby (456 sq. ft.); west Overland frontage (1,816 sq. ft.); and the “Art Walk” (6,397 sq. ft.). Please see Sheet APP-00.01.

The applicant also proposes to earn 20 development bonus points by providing additional public open space. Item (1) in Table 9-4.204(e) of the Planning Regulations provides that 20 bonus points may be earned by providing 5% of the site area, or 1,000 square feet, whichever is greater, as public open space, which must be accessible to the public at all times. For the 113,325 square foot project site, this equates to 5,666 square feet. The applicant is proposing to provide this open space as 3,081 square feet of the 62nd Street Courtyard, and 4,845 square feet in the mid-block passage, which totals 7,926 square feet (or 7% of the site area), thereby meeting the requirement for 20 bonus points. (The applicant has also proposed including 2,390 square feet of open space at the corner of Hollis and 63rd Streets. However, this area is considered “off-site” as noted above under “Subdivision of Parcel” above, and so cannot be counted as public open space on the project site. Furthermore, it is not necessary to include this area to achieve 20 bonus points.) Design Guidelines
As part of the required Design Review approval for the project, it must be evaluated for conformance to the Emeryville Design Guidelines and any other applicable design guidelines or criteria (Section 9-7.406), which in this case would include the design guidelines of the North Hollis Area Urban Design Plan mentioned above.

Concerning the Emeryville Design Guidelines, the proposal meets minimum sidewalk widths of 7.5 feet of unobstructed pedestrian pathway with four feet of landscaping, as called for in Guidelines A-2 and A-3, on all three street frontages. The project also meets Guideline J-16 that recommends design of the floor-to-ceiling height of the first floor to be adequate for non-office use (generally a minimum of 14 feet) by proposing a 15 feet 8 inches first floor height of the Research and Development building. Other Office/Technology related Design Guidelines J-17, J-18, and J-20 are met by using vertical elements to break up horizontal architecture, incorporating landscaping elements along street facing facades, and articulating the building base with a change in materials, color and finishes and emphasizing the building entrance.

Concerning the North Hollis Area Urban Design Program, the project appears to generally conform to the design guidelines for street orientation, parking, loading, industrial character, and preservation of architecturally significant buildings (the existing Hollis Street Building).

Stormwater and WELO Plans
The applicant has included preliminary stormwater quality control plans in compliance with the applicable standards. The project will need to submit and show compliance with the Water Efficient Landscaping Ordinance (WELO).

Transportation Assessment Report
Transportation consultants Fehr and Peers are preparing a Non-CEQA Transportation Assessment of the project that will analyze trip generation and distribution, intersection operations, site access and circulation, and a peer review of the parking demand study conducted for the applicant by CHS Consulting. The Transportation Assessment has not yet been completed or reviewed by City staff. It will need to include an analysis of the bicycle and pedestrian enhancements proposed by the applicant, as discussed below, and will be provided at the next City Council meeting on this project.

Applicant Response to City Council Comments
As noted above, at the City Council study session on November 16, 2021, the Council indicated that, in order to make the findings required for parking over the maximum, the applicant would need to provide enhancements to pedestrian and bicycle circulation, specifically by providing protected bicycle lanes around the site and closing Overland Avenue between 63rd and 64th Streets to motor vehicle traffic, while accommodating emergency vehicles via bollards or similar measures. Staff met with the applicant on December 16, 2021, and January 19, 2022, to discuss these concepts.

The applicant submitted their proposal on February 2, 2022, and submitted a revised proposal on March 23, 2022 (see Attachment 2). It involves installation of Portland cement barriers to replace the bike lane pavement markers and plastic bollards along both sides of Horton Street between Powell and 62nd Streets, and creation of a two-way cycle track on the north side of 62nd Street between Hollis Street and Overland Avenue, and on the east side of Overland between 62nd and 63rd Streets.

Overland Avenue would be converted to one-way southbound between 63rd and 62nd Streets, and 62nd Street would be converted to one-way eastbound between Overland Avenue and Horton Street. A 3-way stop would be installed at the intersection of Horton and 62nd Streets, and a crosswalk would be installed across 62nd Street on the east leg of that intersection.

Overland Avenue between 63rd and 64th Streets would become a public linear park, with retractable bollards and a 20-foot wide asphalt surface for emergency vehicles, bicycles and pedestrians. Preliminary design concepts have been developed for this space with landscaping, trees and special pavement treatment. It may include a path that is not linear (meandering), with permanent street art or other decorative pavement features.

Planning Commission Comments
The Planning Commission will review this proposal at a second study session on March 24, 2022. Staff will present the Commission comments at the City Council meeting on April 5, 2022.

Bicycle and Pedestrian Advisory Committee (BPAC) Comments The BPAC reviewed the project at a special meeting on August 2, 2021. The Committee generally appreciated inclusion of a mid-block pedestrian and bicycle path. One Committee member stated that the plans should include details regarding curb cuts that would allow bicycles to ride through, and also that building façades facing the path should be inviting and engaging to pedestrians and bicyclists. All Committee members felt that vehicle parking over the maximum should not be approved. Design compatibility with surrounding buildings was discussed, and it was suggested that stop signs be installed on 62nd Street at Horton Street. There was consensus that all the proposed open spaces, including the “Art Walk”, should be open to the community at all times. Bicycle parking design was also discussed.

The BPAC reviewed the proposal again at their March 7, 2022 meeting. The Committee expressed concerned regarding the need for bicyclists to dismount when they reach the southern end of the bicycle-pedestrian path as it does not align with Horton Street. One member stated that the mid-block path, therefore, could not be described as a bicycle path. The Committee liked the idea of the “Art Walk” but commented that it was narrow and that it should be well lit. A concern that the “Art Walk” would be closed off to the public in the future by the applicant was expressed. The Committee also expressed concern that the design of the garage precluded future conversion to different land uses should the need for parking decline over the lifespan of the garage building.

Issues to be Considered
Staff requests that the City Council provide comment on the following issues and any other issues identified by the Council:

1. Bonus Points
The applicant proposes to obtain 20 bonus points by providing 3,081 square feet of the 62nd Street Courtyard, and 4,845 square feet in the mid-block passage as additional public open space, and to obtain the remaining 30 bonus points by converting a portion of the live-work units in the existing “Hollis Street Building” as affordable units, using the “Flexible Community Benefit”. At the November 16, 2021 study session, the City Council indicated that they had accepted the Flexible Community Benefit concept.

Does the Council consider designating a portion of the 62nd Street Courtyard and the mid-block path as public open space as an appropriate way for the project to obtain bonus points? Does the Council have any other preferences as to how bonus points should be obtained?

2. Public Improvements
Does the Council believe that the applicant has responded adequately to the City Council’s suggestions for improving bicycle and pedestrian infrastructure?

3. Project Design
Does the Council have any other comments on the overall project design? Fiscal Impact
This report is for informational purposes only; there is no fiscal impact.

Staff Communication with the Public
Staff has had no communication with the public on this City Council item.

CONFLICT OF INTEREST
None.

CONCLUSION
Staff requests that the Council discuss the issues listed above and provide feedback.

PREPARED BY: Miroo Desai, Senior Planner

APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:
________________________
Christine Daniel, City Manager
ATTACHMENTS:

1. Arborist Report prepared by SBCA Tree Consulting dated August 31, 2021

2. Wareham Proposal for Improved Access and Public Space

3. Project Plans
EmeryStation Overland (UPDR21-001)
City Council Meeting | April 5, 2022

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City of Emeryville

CALIFORNIA

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