2022
Community Development
DATE:
March 22, 2022
TO: Mayor Butt and Members of the City Council
FROM: Lina Velasco, Director of Community
Development
Hector Lopez, Senior Planner
Subject: Making Waves General Plan Amendment
Presentation
FINANCIAL IMPACT:
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
In November 2018, the City Council adopted zoning
amendments that would restrict the siting of schools
in certain commercial and mixed-use zoning districts.
The ordinance was developed when the Council
adopted an urgency ordinance restricting the siting of
new schools to address community concerns raised
regarding traffic, conversions of lands for commercial
and mixed-used developments for schools, parking,
pedestrian safety, and vehicle circulation. A charter
school foundation is now seeking a general plan
amendment that would potentially result in converting
industrially zoned land to open space uses.
RECOMMENDED
ACTION:
RECEIVE a presentation regarding a proposed
general plan amendment; and PROVIDE staff policy
direction regarding the proposal to change the
general plan land use classification of the site from
Business/Light Industrial to Public Cultural
Institutional for a school related sports field –
Community Development (Lina Velasco/Hector
Lopez, 620-6706).
AGENDA
REPORT
BACKGROUND:
The subject property is a 13.05-acre undeveloped parcel located at the southeast corner of Hilltop Drive and Parkway. It was part of Joinn Innovation Park, a research and development complex located at 2600 Hilltop Drive. The site was formerly occupied by Berlex, which at its highest peak used to provide 500 jobs in Richmond. Making Waves purchased the property in 2017 and is seeking a General Plan Amendment, rezoning, issuance of a Conditional Use Permit, and Design Review approval for the purpose of developing a sports field to serve their school.
On August 2, 2007, the Planning Commission approved a Conditional Use Permit for Making Waves Academy to operate a charter school for grade levels 5 through 8 at 4123 and 4131 Lakeside Drive, with a maximum student population of 400 and maximum staff of 70. Upon the recommendation of the Design Review Board, an amendment to the Conditional Use Permit was approved by the Planning Commission to expand the school to an adjacent lot, and the construction of a new school building and associated improvements.
In 2017, Making Waves Academy further expanded into the adjacent sites, six parcels along Lakeside Drive and Technology Court (approximately 13.4 acres). The resulting expansion increased the size of the campus from 6.45 acres to 20.25 acres. With the expansion, the student enrollment in grades 5 through 12 increased from approximately 800 to a maximum of 2,050, and the number of staff from 70 to 300.
Since the update of the Zoning Ordinance in 2016, the city has identified adverse impacts of schools in light-industrial and commercial district zones. Basically, this is related to parking, traffic, pedestrian safety, and vehicle circulation. The placement of schools in these zones is also
JOINN INOVATION PARK
MAKING
WAVES
CAMPUS
SUBJECT
PARCEL
inconsistent with the 2030 General Plan policy to locate schools near places where students live, especially in light of the fact that multiple schools have been placed in these areas.
On December 28, 2018, the City Council approved revisions to the Zoning Ordinance prohibiting schools in all industrial, mixed-use, and commercial districts. Making Waves Academy is now considered a legal nonconforming use at the existing location.
EXISTING CONDITION:
The subject property is in an area characterized by light industrial uses between two major thoroughfares, Richmond Parkway and San Pablo Avenue.
As depicted in the zoning map, there are three light industrial districts shown in gray color located relatively close to each other. The northeast light industrial district is approximately 62.6 acre of which 20.25 acre is occupied by Making Waves. The remainder is occupied by medical technology and business services, US Post Office, EBMUD, a self-storage, and variety of offices.
However, the area has been experiencing a high vacancy rate.
The southeast light industrial district consists of 53 acres. The subject property is a 13.05-acre undeveloped parcel located in front of the Joinn Innovation with street frontage on Hilltop Drive.
Light Industrial:
53-acre
Business/Light
Industrial: 62.6-
acre
Light Industrial and PA
(Industrial): 160-acre
SITE
The northwest light industrial district on Atlas Road is approximately 160 acres. Point Pinole Business Park and a wide range of warehousing and distribution centers, including Amazon, William Sonoma, Whole Food, and Restoration Hardware are operating at this location. This area had a major change and now plays an important role in the regional economy and contributes to the City’s tax base and employment opportunities.
PROPOSAL:
Making Waves Foundation requests approval of a General Plan amendment and Rezoning for development of a sport facility to serve the Making Waves Academy middle school and high school. As described by the applicant, Making Waves is also committed to providing at least half of the operating hours of the sports facility for use by neighbors and the community.
The request would involve changing the land use designation of the subject site from Light Industrial (LI) to Public Cultural and Institutional Use (PCI). The PCI designation would allow schools and ancillary uses to schools with a Conditional Use Permit and Design Review approval.
The proposed sport facility would include a regulation soccer field, 400-meter track, tennis courts, and associated parking and landscaping. Proposed recreation facilities would support team sports for the school and supplement the play areas and fields available at the main school campus located approximately half a mile from the subject site on Lakeside Drive.
DISCUSSION:
In order to approve a General Plan Amendment and Rezoning, the City Council must approve the change with a recommendation from the Planning Commission. A General Plan amendment can be approved upon the City Council making certain required findings related to the prop osed amendment contributing to the public health, safety, and welfare; amendment being consistent with General Plan goals; amendment retaining internal consistency within the General Plan and other adopted plans, unless those are also proposed to be amende d; and proposed amendments being reviewed in compliance with the requirements of the California Environmental Quality Act (CEQA).
Rezones have similar findings.
Staff is requesting feedback and direction from the City Council with respect to the proposed General Plan Amendment to change from a Business/Light Industrial land use classification to Public Cultural and Institutional. Despite development of a sports facility that is deemed needed for the school, the potential change would not represent a substantial investment on the property as the proposal includes a few small ancillary buildings, a surface parking lot, a soccer field, and tennis courts on a 13-acre parcel. On the other hand, the land devoted to light industrial uses would likely represent a greater investment on the property by having a higher improved site value with a site that could accommodate more than 300,000 square feet of building space for property tax and job creation purposes. The general intent of the Richmond General Plan Economic Development Element is to expand and diversify the local employment base. In addition, the Council’s policy direction in 2018 was to restrict school related uses in all industrial, mixed-use, and commercial districts to preserve land for those uses. The subject request would introduce a school-related use, in the form of a sports facility, in an industrial zoned property by changing the underlying general plan designation.
According to the applicant, there is a high need for additional field space in the city. The Richmond General Plan 2030 notes that despite the City’s 5,718 acres of regional parks, the City’s core neighborhoods would benefit from safer, close to-home resources that include flexible, multi-use spaces such as play lots and fields.
There is no certainty that the subject site would be redeveloped for commercial uses. In addition, property taxes provide funds for the City to create and maintain public amenities, such as recreational facilities. The proposed project would bypass that step and directly provide a public amenity. All development costs associated with the proposed project would be privately funded.
The sport field would be free for neighbors to access and would be made available to local organizations through a facility rental program. The rental rates are not for profit and are modeled on the facility rental policies of the City and local school districts.
The sport facility would also benefit local community programs and provide additional field time for local sports clubs. The proposed project would provide high quality sports amenities that facilitate expansion of these services and their associated employment bases.
There has been extensive outreach for the project, and unanimous support from various civic and community groups. This support includes the Hilltop District Neighborhood Council, City of Richmond Recreation and Parks Commission, the Richmond Community Foundation, the County Club Vista HOA, the Summer Lane HOA, YES Families, Pogo Park, and the Richmond Rotary Club.
STAFF RECOMMENDATION:
Staff is seeking feedback from the City Council on the proposed General Plan Amendment and Rezoning.
DOCUMENTS ATTACHED:
Attachment 1 - Exhibit A: Project Plans
Attachment 2 - Exhibit B: Applicant Statement