3.1 Land Use and Housing

This section presents the environmental setting and impact analysis on land use in the Emeryville General Plan.

ENVIRONMENTAL SETTING

PHYSICAL SETTING Land Use Evolution

Before the colonization of the area by Spain in 1776, the Emeryville area was the site of extensive Native American settlements. Mudflats rich with clams and rocky areas with oysters, plus fishing, hunting, and acorns from the local oak trees, provided a rich and easily exploited food source for the residents. They would dispose of their clam and oyster shells in a single place, over time creating a huge mound—the Emeryville Shellmound.

After settlement by Europeans, Emeryville became a city in its own right, largely through the efforts of businessman Joseph S. Emery who started a stonework contracting business in San Francisco. In 1859, Emery purchased a 185-acre tract of land north of Oakland and began to develop projects in the area. A community began to develop around the Emery Tract, and the town of Emeryville was officially incorporated in 1896, taking the name of its founder.

In 1871 Emery financed the construction of the San Pablo Avenue Horse Cart Railroad, which connected Oakland to Emeryville. He was also one of the primary builders of the California- Nevada Railroad, which began in Oakland, crossed the burgeoning Emery Tract, and terminated in Orinda. Emeryville soon became a city of big industrial enterprises and rail terminals. Successive years saw further consolidation of industry, including the paint factory of Sherwin- Williams and Shell Development, the research arm of Shell Oil Company. Residential areas remained confined to small portions at the city’s eastern edge, bordering Oakland. As the city built out, bay fill was considered viable for creating new land. The Emeryville Peninsula was created in the 1960s by filling shallow water areas.

In the 1970s Emeryville’s landscape began to change once again as some of the city’s older industries had already begun to move to the suburbs or close up shop altogether. The city’s first major residential development—the 1,249-unit Watergate Apartments—was completed in 1971. In the mid 1970s, parks and a 500-berth marina were created by filling in 12 additional acres of the San Francisco Bay to create a small boat harbor. Multi-story office buildings rose between the Eastshore Freeway and San Francisco Bay.

With vacant warehouse and industrial space becoming available, Emeryville began to see the development of a community of artists who converted several of the buildings into live/work space. In 1984, the city’s second major housing development—the high-rise Pacific Park Plaza—

3.1-1 Emeryville General Plan Draft Environmental Impact Report

was completed. Between them, Watergate and Pacific Park Plaza more than doubled the city’s population, from 2,681 in 1970 to 5,740 in 1990.

As large tracts of industrial land—originally built at low intensities and supporting many fewer workers per acre of land than contemporary businesses—have continued to be redeveloped, Emeryville’s transformation over the past two decades has been dramatic, with substantial increases in employment and population. The city’s evolution continues to this day. The sections below evaluate Emeryville’s recent and current development trends.

Existing Land Use

Emeryville’s land use transformation over the past 20 years has been extensive. Formerly dominated by manufacturing and distribution, the city is now marked by ever increasing development of office, regional retail, and high-density residential land uses, as well as mixed-use developments. Almost entirely built out, with little to no vacant land, Emeryville’s growth has primarily been through redevelopment of existing land uses and rehabilitation of older buildings.

Existing land use data is provided as of 2005, the most recent data available when the Notice of Preparation for the project was issued. Previously an industrial town, the city is no longer dominated by a single land use. Around half of the developable land in the City—that is, excluding roads, highways, and other rights-of-way—is in Commercial (36 percent) or Industrial (14 percent) use, and just under a quarter (21 percent) is used for housing. Much of the land identified as commercial, however, is devoted to surface parking lots. The remainder of the city is in Public use (seven percent), Parks and Open Space (seven percent), or a mix of uses (seven percent). Only around 40 acres, or seven percent of the land, is vacant. Specific acreages for each land use are shown in Table 3.1-1. (Land attributed to roads and rights-of-ways are not included in the table.)

Table 3.1-1: Existing Land Use Distribution (2005)

Acres Percent Commercial 222.0 36 Residential 126.2 21 Industrial 87.5 14 Mixed Use 48.0 8 Public 45.7 7 Parks and Open Space 44.7 7 Vacant/ Unassigned 40.8 7 Total 615.1 100 Source: Dyett & Bhatia, 2008; Metroscan; City of Emeryville, 2005.

Almost all of the Bayfront and freeway edge area west of the railroad tracks has been redeveloped in the past 30 years. Much of this space is devoted to retail and office uses in large-scale

3.1-2 Chapter 3: Settings, Impacts, and Mitigation Measures

developments, such as Bay Street, IKEA, the Public Marketplace, and Powell Street Plaza, which serve a regional clientele. Almost no industrial uses remain in this area. Residential developments in this area are few in number, but large in size and high in density. In total, they comprise about 2,750 housing units—half of the housing in the city.

Development to the east of the railroad is more diverse in use, scale, and age. Industrial, office, and residential uses are geographically closer to one another. Parcel and building sizes generally diminish towards the east, where pre-war structures are supplemented with new residential and commercial construction. Two large corporate campuses—Novartis and Pixar—dominate the area south of Powell Street while the southern edge of the city is marked by “big box” retail. Emeryville’s public schools and much of its locally-oriented retail businesses lie along or near San Pablo Avenue, a major boulevard and state route which connects Emeryville with Oakland and Berkeley. In the eastern residential neighborhoods, east of Doyle Street and San Pablo Avenue, the Triangle and Doyle Street neighborhoods are composed of lower density homes.

Because Emeryville is largely flat, topography does not play a factor in the city’s land use pattern. Transportation corridors, however, do split the city into several sub-districts. The main divisions are I-80 and the railroad, and to a smaller extent, Powell Street. I-580 separates Emeryville from Oakland along the southern city limits, although a portion of the area north of I-580 is in Oakland.

3.1-3 Figure: 3.1-1 EXISTING LAND USE (2005) Residential 0-7 du/acre 8-13 du/acre 14-20 du/acre 21-45 du/acre PEABODY LN 46-60 du/acre 61-75 du/acre R 76+ du/acre Pt. Emery BERKELEY Mixed Use

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Residential As of 2008, Emeryville had an estimated population of 9,727 living in approximately 5,988housing units, according to the Department of Finance. An overwhelming proportion—88 percent—of the housing units in the city are multifamily. Multifamily residential developments range from the 320-foot tall Pacific Park Plaza development to just over 500 units in small (2-4 unit) structures. The city’s housing stock also includes over 600 single-family units, consisting of both detached and attached housing units. Half of the housing units in Emeryville are located west of the railroad tracks, almost entirely in large-scale multifamily developments. All of the housing on the Peninsula is located in the Watergate Condominium complex. The remainder of Emeryville’s housing is distributed evenly throughout the eastern part of the city, with the Doyle and Triangle neighborhoods predominantly residential in nature.

Office and Research & Development Office is the dominant non-residential use in Emeryville, followed closely by industrial, retail, and mixed-use space. Around one-third of the 3.3 million square feet of office space in Emeryville is located on the Peninsula in the four Watergate office towers. The rest of the city’s office space is distributed throughout North and South Hollis, with notable concentrations along Christie Avenue and Park Avenue.

Most of the research and development space in Emeryville—750,000 out of 970,000 square feet— is provided by Novartis. Pixar’s campus is classified as office space.

Industrial Industrial uses once dominated Emeryville and they still constitute the most non-residential built square feet in the city, although that position has been slipping as manufacturing and warehouses are converted into other uses. Ninety-two percent of this industrial space is located between the railroad and the eastern residential neighborhoods, concentrated either along Hollis Street or at the western end of Park Avenue. The city’s industrial businesses concentrate on light manufacturing, such as a coffee roaster, and warehousing. One of the largest pieces of industrial land in Emeryville, the Sherwin-Williams complex located east of the railroad and north of Park Avenue, is expected to be redeveloped within the life of the new General Plan.

Retail and Hotel The retail category includes any commercial use where purchases of goods or services can be made, including stores, gas stations, and restaurants. The 1.5 million square feet of retail in Emeryville is mostly regionally-oriented and located on Shellmound and 40th streets, visible and accessible from I-580 and I-80. These large-scale regional shopping centers include Bay Street, Powell Street Plaza, the Public Marketplace, IKEA, and the East Bay Bridge center. The only significant concentration of retail uses away from Shellmound Street and 40th Street is along San Pablo Avenue, which hosts service businesses like banks and cafes. Almost no purely retail uses (just 6,000 square feet) are located north of Powell Street and east of the railroad tracks, although some retail is available within mixed-use structures.

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Three of Emeryville’s hotels are located in the Bayfront area, with a fourth on the Peninsula. These national chain hotels are laid out similarly: high-rises, between seven and 13 stories in height, with on-site surface parking. The city’s four hotels have a total of 930 rooms between them.

Mixed-Use Developments Mixed-use developments, for the purposes of discussion here, are those with more than one type of use on the same parcel. In Emeryville, mixed-use configurations include multifamily residences above retail, industrial uses with live/work space for artists, and office space mixed with retail or industrial uses. Together, they make up seven percent of the city’s land area and, excluding residential portions of the developments, 12 percent of its non-residential building space.

Public and Institutional Public land, as well as privately-owned educational facilities such as Ex’pression College, makes up around eight percent of Emeryville’s land. Civic uses—City Hall, police and fire stations, public services, and other City-owned land—take up just four percent of Emeryville’s land. Educational uses, which include the land owned by Emery Unified School District and several private institutions, take up less than 15 acres. With the exception of Ex’pression College and public safety facilities, all of the active civic and educational land uses in the city are located in its southeastern quarter.

Major Development Projects and Trends

In recent years, a large portion of Emeryville has been redeveloped, with new land uses replacing vacant lots or low-valuation sites. This process continues today, with around 10 approved projects in progress as of February 2009, and an additional seven projects proposed.

Recent Development Since the adoption of the last General Plan, new construction has occurred throughout the city. New development has also been concentrated in the area south of 40th Street and on large parcels along Hollis Street. Some other notable centers of development are in northeastern Emeryville along the Greenway—a linear park in development that follows a former railroad right-of-way diagonally through the city—and on San Pablo Avenue between Park Avenue and 47th Street.

Residential Trends

Since 2000, approximately 1,700 new housing units have been developed in Emeryville, representing nearly 30 percent of the total housing stock. These residential developments come in several forms: large high-density structures—such as EmeryBay Club & Apartments Phase II and Bridgecourt Apartments; residences within small and large mixed-use developments—such as Bay Street and Glaushaus; industrial rehabilitations and loft-style housing units along the future route of the Greenway—such as 1401 Park Avenue and Oliver Lofts, respectively.

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In contrast, virtually no new single-family detached homes are being constructed, although single-family attached homes have been built as part of some new developments. The reasons for this are likely the high price of available land—enhanced by the relatively large amount of land that single-family homes require relative to other residential uses—and the overall lack of vacant land in Emeryville.

Non-Residential Trends

Recent non-residential developments have transformed 115 acres of land, or 22 percent of the citywide non-residential total, and added 3.86 million square feet of commercial and industrial building space, or 38 percent of the city’s current supply. Office and retail have dominated recent projects, together accounting for just over half of new non-residential building floor space. Office and lab development has included the expansion of Novartis and the development of Emery Station, both phased campus-style developments. Retail development has come in several forms: big box stores on large sites—such as IKEA and the East Bay Bridge Center (partially in Oakland); walkable retail—such as Bay Street’s retail component and the Promenade on San Pablo Avenue; and, increasingly, smaller neighborhood-serving retail establishments as part of residential mixed-use projects—including in Andante and the Courtyards at 65th Street.

Approved and Under Construction Development Approved and under construction development projects, as of November 2007, are included in the buildout analysis. At that time, just over 900 housing units were in development in Emeryville, which would increase the city’s existing supply by 18 percent. These projects are mostly sited along the edges of the city, with three of them located in both Emeryville and Oakland. In terms of non-residential development, 1.3 million square feet of office development was approved or under construction, as of November 2007, and 34,000 square feet of retail development.

Since November 2007, several new projects have entered and moved through the development pipeline. Several mixed-use with residential developments have been approved or proposed, including Papermill and 39th and Adeline projects, which together would add 169 units, eight live/work/flex units, and 1,000 sq ft of retail. Potential major office, lab, retail, and other mixed- use projects include the redevelopment of Marketplace, the construction of the Transit Center, and Emery Station Greenway, which could add nearly 250,000 sq ft of lab space, residential, retail, and public parking. Finally, the Emeryville Center for Community Life and Emeryville Arts Center represent a potential expansion of public education, community, and arts facilities, and the Doyle Hollis Park is under construction.

Existing Densities and Intensities Much of Emeryville is developed at a low-to-moderate level of intensity, with a scattering of commercial buildings that have an FAR above 2.0 and residential structures that exceed 60 units per acre. Very generally, the highest intensity properties in the city are located on the Peninsula and north of Powell Street.

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There are very few low density residential uses in the city, with most of the housing to the west of Doyle Street built at moderate densities. 90 percent of housing in Emeryville is built at or above 20 units per acre. Even some single-family homes—which are typically built at five to seven units per acre in many suburbs—are at or above 20 units per acre due to their small parcel sizes.

The city’s highest density housing is largely within a few developments. Pacific Park Plaza has 99 dwelling units per acre, Emeryville senior housing has 84 units per acre, and Emery Bay Club & Apartments has 70 units per acre.

Trends in Density and Intensity of Development Based on recent and approved projects, non-residential intensities in Emeryville are on the in- crease. Recent hotel, office, and retail developments have all been built at higher than average FARs. Furthermore, the continued addition of buildings to the Novartis and Pixar campuses will greatly increase the overall intensity of the city.

Meanwhile, the residential density of the city will be increasing somewhat in the near future. Purely residential developments are becoming denser, with approved projects averaging more than 60 units per acre. Even so, while Emeryville has several mid-rise and one high-rise residential structure, the highest attained residential densities are actually quite low given the heights of these buildings.

REGULATORY SETTING Current Land Use Plans

Land use in Emeryville is affected by several City plans as well as the master plan for the Eastshore State Park. The jurisdictions of these plans can be seen in Figure 3.1-2.

3.1-8 Figure 3.1-2 ASHBY AVE EXISTING PLANS IN EMERYVILLE

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1987 General Plan (updated 1993) The current General Plan was adopted in 1987. An update in 1993 changed the plan from an information-based document into a series of objectives and recommended policies. These objectives are broken down into subgroups that reflect six of the seven elements required by the State—land use, circulation, open space, noise, conservation, and safety. The Housing Element is separate. State law requires all elements to be consistent with one another.

The citywide goals laid out in the 1993 Plan update are to:

• Provide services and facilities for Emeryville’s citizens.

• Encourage a land use pattern in which a variety of uses are intermingled in a compatible fashion.

• Establish a circulation system allowing for the free movement of persons and goods to, from, and within the city while avoiding an over-accommodation to vehicles at the expense of land use and pedestrian movement.

• Improve the quality and livability of the city by seeking development [that is] visually sympathetic to its surroundings and urban character.

• Encourage land uses which strengthen the tax base while respecting the natural, scenic, and historic resources of the city.

The 1993 Plan’s specific land use objectives are to:

• Create a major activity center in the Bay Area with new office, commercial and high-tech industries and new housing of all types, replacing obsolete, incompatible, and low-intensity prior uses.

• Create a living and working environment which protects and enhances existing development, while providing new amenities and facilities for an expanded workforce and residential population.

Emeryville Zoning Ordinance Emeryville’s Zoning Ordinance contains nine base land use districts. The City maintains a map- based system of building intensity (FAR) and building height regulations. The Zoning Ordinance contains only two residential districts—Medium Density Residential and High Density Residential. While the residential densities available by right are moderately high (reaching 20 units per acre for Medium and 45 units per acre for High), none of the districts permit multifamily housing type by right, but rather require a Conditional Use Permit (CUP) for this. Similarly, much higher development densities are available in both districts (35 and 108 units per acre for Medium and High Density respectively) under the CUP system. The maximum permitted building height on the zoning map is 95 feet, which may be increased to 175’ with a CUP. This limit has been exceeded numerous times, including by such developments as Pacific

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Park Plaza (320 feet) and the Watergate office and hotel development to the west of I-80, as well as approved plans for Novartis. The proposed General Plan includes height limits so height variances will not be possible and any deviation will require a General Plan amendment.

North Hollis Area Urban Design Program This plan was implemented through the North Hollis Overlay Zone. It covers the northeast corner of the city—north of Powell Street and east of the railroad, also including the block south of Powell between Hollis and Peladeau. This plan calls for infill residential uses that complement the existing neighborhood and stimulate use of the Greenway; the discouragement of through- traffic; a balance of automobile access with other transportation modes; sufficient public parking; and private development that enhances the character and pedestrian improvements of the area.

San Pablo Avenue Urban Design Plan This plan outlines a phased strategy for the development of San Pablo Avenue into an active, attractive, neighborhood retail center. The document targets land uses for three phases of catalyst projects, establishes goals for public circulation and streetscape improvements, and design guidelines for new development along and near the avenue. The plan particularly calls for at least 1,000 market-rate residential units in the area and an “anchor” retail store, such as a supermarket. Much of the plan, which was written around 1990, has already been implemented although its guidelines should still be applicable for future development along San Pablo Avenue and through the East Bay Bridge Center.

South Bayfront Design Guidelines These development guidelines from 1997 cover the South Bayfront district, the area south of Powell Street between the railroad and Shellmound Street. The plan lays out eight high-level site design principles for the development of the district and presents three development concepts which follow these guidelines. Each concept includes a set of possible land uses, building configurations, and circulation patterns. Much of the South Bayfront has already been developed with these guidelines in mind.

Park Avenue District Plan Adopted in August 2006, the Park Avenue District Plan establishes incentives and development guidelines toward the creation of a vibrant, mixed-use district. District-wide urban design policies seek to preserve architecturally significant buildings, maintain the existing small-lot pattern, and promote walkable and attractive places. More specifically the plan calls for sidewalks punctuated with landscaping and street furniture and unencroached by utilities; signage describing locations of historic structures, routes, and the Greenway; and visually distinct crosswalk treatment to give character to the district and ensure pedestrian safety. Along Park Avenue in particular, the Plan specifies wider sidewalks, corner bulbouts at key intersections, and bicycle racks on every block; it also encourages shared parking and allocated spaces for public parking.

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Eastshore State Park General Plan This plan covers the new state park that runs from Oakland to Richmond, which includes the waterfront in Emeryville both north and south of the Peninsula. The park is envisioned as a seamlessly connected ribbon of recreational and natural habitat areas.

For the sections of the State Park within Emeryville, the plan designates the shoreline south of the Peninsula as a preservation area, and the rest of the park within Emeryville as a conservation area; there are no recreational sections of the park within Emeryville. Public access to preservation areas is restricted, while conservation areas permit passive recreation. Consequently, the plan calls for:

• Restricting access to the shoreline south of the Peninsula, perhaps with a fence (though not on the south side of Powell Street).

• Creating a non-paved trail along the eastern section of the Peninsula in a way that connects with the existing paved section of the Bay Trail.

• Installing a vista point and a bird blind on the Peninsula, overlooking the tidal marsh of the southern shoreline.

• Providing parking for up to 20 vehicles, preferably through a combination of on-street parking and lot sharing, or through a new on-site lot if necessary.

Plans from Surrounding Jurisdictions

Two area plans in Berkeley and two redevelopment plans in Oakland immediately abut the borders of Emeryville. In addition, several regional bodies have plans that affect the Emeryville community.

Berkeley Waterfront Plan (adopted 1986) This plan covers the area of Berkeley from the railroad to the Bay shoreline. This plan is to some degree superseded by the newer Eastshore State Park master plan. Its relevance to Emeryville is also limited by the inability of the land between I-80 and the shoreline to accommodate any development other than a shoreline path and beach improvements.

Its main importance for the General Plan update is its call for the cities of Berkeley, Albany and Emeryville to establish a joint sub-regional growth management system to minimize traffic congestion in the plan area by phasing development. This strategy is suggested due to concern that capacity along I-80 is limited and excessive development in these three cities could decline levels of service on the highway below “D,” the City of Berkeley’s minimum acceptable level. Given the limited scope of development proposed for Berkeley’s Waterfront area in the plan, the main threat to service levels on the highway is seen as traffic from development in Emeryville and Albany. This plan is over twenty years old, however, so the assumptions embedded in this strategy may have changed significantly.

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West Berkeley Area Plan (adopted 1993) This plan’s jurisdiction covers the area north of the Emeryville city limits between the railroad and San Pablo Avenue. Land use in West Berkeley, as of July 1998, included light manufacturing and wholesaling along the border with Emeryville, with the rest of the area between the city limits and Ashby Avenue containing a combination of that industrial and commercial uses. No residential uses are in the area south of Heinz Avenue, and none are permitted south of Dwight Way. Most of the property in West Berkeley is developed at an intensity below 1.0 FAR. The Plan and the West Berkeley district are currently undergoing evaluation for zoning changes and possible Plan amendments. The City is working with stakeholder groups to identify opportunities and challenges.

In its current form, the West Berkeley plan seeks to maintain the mix of land uses, buildings, and people in the area to prevent it from becoming excessively redeveloped or gentrified. It does so by designating small areas where certain use categories are emphasized in order to ensure an overall mix of land uses. Specific policies called for in the plan which are of interest to Emeryville include:

• Create new streets that link to Ashby Avenue from the north.

• Study the feasibility of a consolidated parking structure around 7th Street and Ashby Avenue.

• Investigate the development of a light rail line on San Pablo Avenue.

• Maintain the boundaries of the mixed-use/light industrial zone and prohibit retail uses within it. Offices are allowed in this zone, but only up to 25 percent of a building’s floor area, and residential uses are not permitted.

• Encourage a node form of intense commercial development at designated intersections. The nodes closest to Emeryville are Ashby Avenue at 7th Street and at San Pablo Avenue. The nodes should be provided with consolidated parking, be the focus of pedestrian improvements, require retail as the ground floor use, and encourage neighborhood retail.

• Promote extensive tree planting along major streets, focusing on long-lived and drought- resistant trees, and encourage the retention of existing trees in front yards in residential areas.

To implement the plan’s land use policies, Berkeley has zoned all of the area between the Emeryville city limits and Ashby Avenue as mixed-use/light industrial, except for the strip along San Pablo Avenue, which is designated as general commercial. The general commercial zone is applied to the north side of Ashby Avenue, as well.

Oakland General Plan Land Use and Transportation elements (1998) The strategic map of Oakland’s General Plan designates the area to the southwest of Emeryville, as well as portions of San Pablo Avenue around Emeryville, as some of the city’s key areas for growth and change. The triangular area between I-580 and Peralta Street is considered a

3.1-13 Emeryville General Plan Draft Environmental Impact Report

“Housing and Business Mix Area,” where both uses are allowed and neither dominates. Recommended policies of interest to Emeryville include:

• Improving the appearance of San Pablo Avenue.

• Targeting the Golden Gate neighborhood (east of Emeryville) for blight abatement, façade and streetscape improvements, and business attraction activities.

• Designating the MacArthur BART station—the one nearest to Emeryville—as a transit- oriented district.

Redevelopment Plan for West Oakland (2003) This plan for the Oakland Redevelopment Agency designates the area between the Emeryville city limits, Peralta Street, and I-580 for regional commercial land uses, and the area east of Peralta Street as far north as 40th Street as mixed-typology housing. Development activities that are pertinent to Emeryville include:

• Create a pedestrian-friendly commercial corridor along San Pablo Avenue and a pedestrian-friendly environment along Adeline Street.

• In the Hoover/West MacArthur area (to the southeast of Emeryville), impose a five year moratorium starting in 2003 on the use of redevelopment funds for the construction of new affordable rental housing, due to the existing over-concentration of low-income housing in the area.

• Promote mixed-use and high-density infill residential developments on San Pablo Avenue between 27th and 32nd streets. Use funds to revitalize the commercial uses in this area, supporting new developments that include a mix of uses or public green space.

• Any development project in the area that costs over $250,000 must direct at least one percent of its total development cost to on-site public art.

Redevelopment Plan for Broadway/MacArthur/San Pablo (2000, amended 2007) This plan for the Oakland Redevelopment Agency covers two areas, one of which is immediately adjacent to the City of Emeryville: the Golden Gate neighborhood, stretching from the Emeryville city limits to San Pablo Avenue between 53rd and 67th streets. A five-year implementation plan for the San Pablo subarea lays out actions to take place between 2004 and 2009, mainly capital improvement campaigns and support for business development and retention in the area. A commercial façade improvement program, tenant improvement program, and street light upgrades on San Pablo Avenue are in place. In the second portion of the Redevelopment Area, near the MacArthur BART Station, a mixed-use project has been approved to include: up to 675 units of housing (including 90 to 113 below market rate units), 34,000 square feet of commercial space, 5,000 square feet of community space, a replacement parking structure for BART, new public streets, and the renovation of the existing BART Station entry plaza.

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Other Agencies

Bay Conservation and Development Commission (BCDC) BCDC regulates new development within the first 100 feet inland from the San Francisco Bay shoreline in order to ensure as much public access to the Bay as possible. This jurisdiction includes substantial changes to land use, building construction or remodeling, and subdivision of property, as well as Bay fill and structures over the Bay. BCDC authored The San Francisco Bay Plan in 1969 to protect and preserve the bay through regional efforts and defines its jurisdiction and major strategies. Key initiatives that pertain to Emeryville include: developing maritime ports, water-related industries, and waterfront parks and recreation facilities; maintaining wildlife refuges in baylands; and encouraging private shoreline development.

For the purposes of the updated General Plan, the BCDC’s power of review would mainly affect any changes to land uses or structures on the Peninsula and any redevelopment of I-80’s Ashby Avenue interchange. (Note: By statute Watergate and Trader Vic’s are regulated only to mean high tide, not 100 feet, and the entire marina is included in BCDC jurisdiction, even beyond 100 feet inland.)

Association of Bay Area Governments (ABAG) ABAG is the regional association of governments that covers Emeryville. While ABAG’s land use policy framework does not have any legal powers, it represents the overarching goals of the region. In 2002, ABAG prepared a regional “Smart Growth” strategy, which is reflected in ABAG’s projections for Emeryville and the region. ABAG’s strategy calls for a significant share of the Bay Area’s growth to be accommodated in the inner urban ring rather than in any greenfield portions of the region, especially in areas that are easily accessed via transit. Development in Emeryville is likely to exceed ABAG’s growth projections over the next 20 years, thereby supporting regional smart growth objectives.

Transportation Agencies For a description of transportation agencies that may have influence over land use, including the Metropolitan Transportation Commission (MTC), Alameda County Congestion Management Agency (ACCMA), and Bay Area Air Quality Management District (BAAQMD), see Section 3.2: Transportation.

IMPACT ANALYSIS

SIGNIFICANCE CRITERIA A significant impact would occur with full implementation of the proposed Emeryville General Plan if it would do one or more of the following:

• Physically divide an established community;

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• Displace substantial numbers of existing housing or people, necessitating the construction of replacement housing elsewhere;

• Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect;

• Create land use incompatibilities between proposed development and existing neighborhoods; or

• Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non- agricultural use; Changes in land use are not, in and of themselves, environmental impacts. Land use changes are impacts only relative to the prior use of the site (e.g., conversion of open space or farmland, an irreplaceable resource, or displacement of homes) or the surrounding usage and character (i.e., division of an established community).

METHODOLOGY & ASSUMPTIONS This analysis considers current and proposed General Plan policies and goals, existing and proposed land use conditions within Emeryville, and applicable regulations and guidelines.

The impact analysis considered full buildout to mean 80 percent of the maximum buildout potential of the proposed General Plan, although the actual number of parcels that undergo land use changes may be lower.

The total development potential for 2030 under the proposed General Plan would result in increased development of residential units as well as retail, hotel, and office square feet. High-tech uses, including research and development, and biotechnology uses, are permitted in the Office/Technology land use designation. The development potential is described in Table 3.1-2. The General Plan also includes an additional 26 acres of park land, an increase of 116 percent for a total of 49 acres. Parks and open space are described in greater detail in Section 3.11.

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Table 3.1-2: General Plan Development at 2030, by Land Use

Residential Retail Hotel Office Industrial

(units) (SF) (SF) (SF) (SF) A. Approved Development 907 34,461 1,313,000

B. Gross New Development 2,930 1,075,400 324,600 1,569,700 76,200

C. Loss of Existing Due to -70 -468,598 -14,375 -509,740 -855,377 Redevelopment

D. Net New Development (A+B+C) 3,767 641,263 310,225 2,372,960 -779,177

E. Existing Development 5,988 2,441,660 464,500 4,852,118 4,132,675

F. City at 2030 (D+E) 9,800 3,083,000 775,000 7,225,000 3,353,000 Percent Change from Existing to 2030 63% 26% 67% 49% -19% Build-Out Note: Office includes R&D development. Residential buildout rounded to nearest hundred; non-residential to nearest thousand

Source: Dyett & Bhatia, 2008. (Approved Development as of November 2007; Existing Development as of 2005.)

The Land Use Diagram, as shown in the Chapter 2: Project Description, Figure 2.3-1, designates the proposed location, distribution, and extent of activities that may take place throughout the city. Land use classifications—shown as color/graphic patterns on the diagram—allow for a range of activities within each classification.

SUMMARY OF IMPACTS The proposed General Plan does not physically divide any established community. Rather, by providing better connectivity both locally and regionally, the plan provides more linkages within Emeryville and between surrounding communities.

Existing neighborhoods are designated as areas of stability and the plan does not anticipate major changes in intensity and character to these areas. While construction of proposed improvements could temporarily disrupt neighborhoods and businesses, completed improvements are expected to contribute to a vital living and working environment.

Redevelopment caused by new permitted land uses or different densities may remove a very small amount of housing in the North Hollis district and southern portion of the San Pablo Avenue corridor, but the overall proposed plan will significantly increase the number of housing units in Emeryville such that any displaced residents will be able to find accommodation in the same area. To the extent that any development activity of the Redevlopment Agency results in the removal of housing, State redevelopment law requires replacement of like type of housing within the city.

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Similarly, while some businesses, may be displaced during redevelopment, the additional commercial and retail space added by the Plan will accommodate relocation within the same area.

The proposed 2030 General Plan will be the guiding document in Emeryville. Adopted policies, plans, programs, the zoning code, and other implementing tools will be amended to conform to the adopted General Plan. The proposed General Plan does not contain provisions that conflict with local district plans.

Proposed development would be sensitive to existing land uses, and all new land uses are expected to be compatible with each other. Compatibility with existing industrial uses will be mitigated through proposed General Plan policies.

No agricultural lands exist in Emeryville, so there is no conversion of farmland in the plan.

Cumulative Impacts

Concurrent implementation of the proposed General Plan and forecast development of residential and employment land uses in the region would result in increased pressure on water supply resources, which are currently expected to require rationing during a multi-year drought cycle. Forecast population and employment growth would result in increased pressure on fire and police services. In addition, increased congestion due to population and employment growth will pose an additional challenge in providing timely fire and police services.

IMPACTS AND MITIGATION MEASURES Impact

3.1-1 The proposed General Plan would not physically divide any established communities, and would increase connectivity both locally and regionally. (Beneficial)

The proposed General Plan does not physically divide any established community. Rather, by providing better connectivity both locally and regionally, the plan provides more linkages within Emeryville and between surrounding communities.

The following proposed General Plan policies aim at increasing connectivity within Emeryville.

Applicable Proposed General Plan Policies LU-P-2 The Powell/Christie/Shellmound/I-80 interchange area will be developed into a compact but high-intensity regional transit hub. This hub will include a retail core, with stores, restaurants, and hotels; a financial and commercial center, creating a daytime work population; and a residential neighborhood, providing vitality during non-work hours.

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LU-P-3 The northern (north of Powell) and southern halves of the Powell/Christie core area shall be integrated and connected, and the district shall be walkable, with small blocks, pedestrian-oriented streets, and connections to surroundings.

LU-P-18 The area around the Amtrak station shall be developed with transit-supportive uses, through measures such as reduced parking requirement, incorporation of public parking in developments, and accounting for transit proximity when considering height and FAR bonuses.

LU-P-19 The reuse of the Sherwin Williams site shall includes a mix of residential and nonresidential uses with ample open space, centered on an extension of the Emeryville Greenway connecting Horton Landing Park and the Park Avenue District.

T-P-2 The design, construction, operation, and maintenance of city streets shall be based on a “complete streets” concept that enables safe, comfortable, and attractive access and travel for pedestrians, bicyclists, motorists, and transit users of all ages and abilities.

T-P-2 Additional connections across the railroad and freeway shall be provided as noted in Figures 3-1 through 3-6.

T-P-9 Sidewalks shall be provided on both sides of all streets; pedestrian connections between new and existing development is required.

T-P-33 The City will advocate for frequent, direct transit service to all points in Emeryville, especially between the east and west sides of town.

Mitigation Measures

None required.

Impact

3.1-2 Changes in land uses under the proposed General Plan may result in the displacement of a minimal number of houses, businesses, and/or people. (Less than Significant)

Generally, existing residential uses were classified in the General Plan as areas of stability, meaning that they would not undergo significant land use changes under the proposed General Plan. However, the proposed General Plan does estimate that approximately 70 existing housing units could be lost due to redevelopment, in the North Hollis district and southern portion of the San Pablo Avenue corridor. In addition, because the Plan is long-range in nature, it is possible that some residential uses may convert to higher density residential or mixed uses. However, the overall proposed plan will significantly increase the number of housing units, with the net new

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housing development reaching 3,767 units, indicating that any displaced residents would be able to find new accommodation in Emeryville.

Similarly, while some businesses may be displaced during redevelopment, the additional office (2,372,960 net new square feet) and retail space (641,263 net new square feet) added by the Plan will accommodate relocation within Emeryville.

The following proposed General Plan policies aim at encouraging businesses to remain in Emeryville.

Applicable Proposed General Plan Policies LU-P-32 The City will encourage development of existing Emeryville businesses with the objective of retaining and expanding employment opportunities and strengthening the tax base. Provide assistance to existing businesses that may be displaced by new development to relocate in Emeryville.

LU-P-33 The City will work with existing Emeryville businesses, Chamber of Commerce, and others to address the City’s economic needs and stimulate growth.

Mitigation Measures

None required.

Impact

3.1-3 Changes in land uses proposed by the General Plan would conflict with existing local and regional plans and zoning ordinances. (Less than Significant)

Since a General Plan updates policies and land use designations for future development, by its nature it is often inconsistent with existing regulations. These existing regulations will need to be updated, to effectively implement the new General Plan. Amendments may also be needed from time to time to conform to State or federal law passed since adoption, and to eliminate or modify policies that may become obsolete or unrealistic due to changed conditions.

In addition to its General Plan, Emeryville maintains plans for some areas within the City to tailor appropriate development standards and policies to the individual character of neighborhoods. These plans are described in the regulatory setting and are shown in Figure 3.1-2. Although these plans do not necessarily address all of the topics required by State law for general or specific plans, they must be consistent with the General Plan. The proposed General Plan is generally consistent with these existing district plans.

Implementation of the various policies is described in detail of Chapter 8 of the proposed General Plan. The Planning and Building Department has primary responsibility for administering the

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laws, regulations and requirements that pertain to the physical development of the City. Tasks include administering planning and building permit procedures, providing public information, performing building and code enforcement inspections, maintaining complete public records on planning and building projects and issuing necessary permits, certificates, approvals and enforcement citations.

Specific duties related to General Plan implementation would include preparing zoning and subdivision ordinance amendments, design guidelines, reviewing development applications, conducting investigations and making reports and recommendations on planning and land use, zoning, subdivisions, design review, development plans and environmental controls. Implementation of the various policies in the proposed General Plan is described in detail of Chapter 8 of the proposed General Plan.

The City’s Zoning Ordinance will translate plan policies into specific use regulations, development standards and performance criteria that will govern development on individual properties. The Zoning Ordinance will ultimately prescribe standards, rules and procedures for development, and the Zoning Map will provide more detail than the General Plan Diagram.

Given that the proposed General Plan does not conflict with district plans, and that preparation of amendments where required is detailed in the proposed Plan, conflicts with existing local and regional plans and zoning ordinances is expected to have a less than significant impact.

Proposed General Plan Actions that Reduce the Impact

LU-A-1 Update the Zoning Ordinance:

• Base zoning districts

• Overlay and special districts

• FAR bonus criteria

• Use regulations and classifications

• Supplemental standards

• Subdivisions

• Administrative Procedures

LU-A-3 Prepare, update, and implement specific or area plans

LU-A-4 Prepare and update Design Guidelines

LU-A-5 Update the Capital Improvements Program

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Mitigation Measures

None required.

Impact

3.1-4 New urban development may be incompatible with adjacent, existing land uses. (Less than Significant)

Land use compatibility describes a state in which a land use exists and functions without creating a nuisance, hazardous, or unhealthy condition with adjacent land uses. Compatible land uses could include, for example, residential neighborhoods next to parks, industrial complexes next to airports, or professional offices next to commercial businesses. Incompatible land uses are generally considered to create conflict with other uses (due to increased noise, traffic, visual impacts, or air pollution), such as residential neighborhoods next to heavy industrial uses, or elementary schools next to airports.

The intent of the Emeryville General Plan is to create a mixed use urban area that accommodates additional residential, office, retail, and hotel uses in a previously industrial area. These uses are compatible if building scale and character are consistent, pedestrian connections are provided, and auto-oriented uses are limited. Sections 3.3: Hazardous Materials and Toxics and 3.7 Noise will further address nuisance, hazardous, or unhealthy conditions.

Uses within areas designated for mixed-use development are expected to be compatible with one another because proposed General Plan policies establish requirements for compatible development. Due to Emeryville’s industrial history and the desire to maintain some industrial use, in some instances residential uses are allowed adjacent to or concurrent with industrial uses. These uses are generally assumed to be existing rather than new, but are accounted for in proposed General Plan policies, which require that zoning in these areas include performance measures that ensure health and safety compatibility. Redeveloped industrial land will require sufficient remediation, as described in proposed General Plan policies.

Given the policies in the proposed General Plan, the decrease in industrial uses and increase in compatible uses, the impact of new development on land use compatibility is expected to be less than significant.

The following proposed General Plan policies ensure compatible development within Emeryville.

Proposed General Plan Policies that Reduce the Impact

LU-P-1 Land uses will be consistent with the Land Use Classifications and the Land Use Diagram.

LU-P-8 Live/work uses will be permitted in all land use designations except Office/ Technology, Public, Parks/Open Space, and Marina. In the Industrial district west

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of Hollis Street, only “heavy” live/ work—involving, for example, manufacturing, welding, or assembly—will be permitted.

LU-P-8A Zoning performance measures will ensure health and safety compatibility for industrial uses bordering residential uses.

LU-P-26 If new residential buildings are proposed adjacent to freeways and railroad tracks impacts of these corridors, including noise, vibration, and air pollution, should be considered during site planning. Noise, vibration, and air pollution shall be mitigated to the extent possible.

CSN-P-32 Prior to reuse, development sites will be remediated, according to relevant State and federal regulations.

CSN-P-34 The City requires abatement of lead-based paint and asbestos prior to structural renovation or demolition, and compliance with all State, Federal, Occupational Safety and Health Administration, Bay Area Air Quality Management District, Alameda County, and local rules and regulations.

CSN-P-35 Development on sites with known contamination of soil and groundwater shall be regulated to ensure that construction workers, future occupants, and the environment as a whole, are adequately protected from hazards associated with contamination.

CSN-P-41 Occupants of existing and new buildings should be protected from exposure to excessive noise, particularly adjacent to Interstate-80 and the railroad.

CSN-P-42 Developers shall reduce the noise impacts of new development on adjacent properties through appropriate means (e.g. double-paned or soundproof windows, increasing setbacks, etc).

Mitigation Measures

None required.

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