Title
PLN24-0030; Consideration of a Conditional Use Permit, Administrative Site Plan Review, and Administrative Exception (Height) to allow the construction and operation of a new warehouse/distribution facility (approx. 241,400 sq. ft. and 46 ft high) on a 14.9-acre lot at 3199 Alvarado St. Zoning District: IG (Industrial General). APN: 077B-1201-015-00. Applicant: Ware Malcomb. Property Owner: CC Industries, Inc.
Staffreport
SUMMARY AND RECOMMENDATIONS
The applicant is proposing to construct a new 46-foot high, approximately 241,400-square-foot industrial building on a 14.9-acre lot at 3199 Alvarado Street.
The applicant is requesting Planning Commission approval of Administrative Site Plan Review to allow the development of the proposed industrial building, associated site improvements, and landscaping, an Administrative Exception (Height) to allow the building to be up to 46 feet in height, and a Conditional Use Permit to authorize Warehouse - Storage Facilities and Warehouse - Wholesale/Retail Distribution uses on site, which are conditionally permitted uses in the Industrial General (IG) Zoning District. There is no tenant identified at this time. A Mitigated Negative Declaration (MND) was prepared and circulated for the project in accordance with the requirements of the California Environmental Quality Act (CEQA).
Staff recommend that the Planning Commission adopt the attached Resolution adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for PLN24-0030 and approving a Conditional Use Permit, Administrative Site Plan Review, and Administrative Exception (Height) to allow the construction and operation of a new 46-foot-tall, approximately 241,400-square-foot warehouse/distribution facility on a 14.9-acre lot at 3199 Alvarado Street (PLN24-0030), based on the recommended Findings of Fact and subject to the recommended Conditions of Approval.
BACKGROUND AND RELATIONSHIP TO SURROUNDING AREA
The subject property is 3199 Alvarado Street, a 14.9-acre parcel on the west side of Alvarado Street, between Teagarden Street and Fremont Avenue.
The site is zoned IG and it abuts the northern area of the Floresta residential neighborhood, which is zoned Single-Family Residential (RS). At the west property line, Interstate 880 separates the subject property from the Bonaire residential neighborhood. North and east of the subject property, there are industrial, commercial, and office uses on Teagarden Street and on the east side of Alvarado Street.
The site is developed with a concrete tilt-up warehouse and appurtenant parking lots and landscaping, including remnant railroad tracks. The building was built in 1962 and expanded in 1971, more than doubling the square footage to the current 252,220 square feet. The site operated as a warehouse and retail showroom for Levitz, a furniture retailer, until around 2008. Since then, other warehouse and logistics tenants have occupied the site. The building is presently vacant.
Alvarado Street is on an existing truck route and the site is served by AC Transit bus line #28, and the San Leandro Links Shuttle, South Loop Stop #4, with their combined stop at the corner of Alvarado and Teagarden Streets.
PROJECT PROPOSAL
The property owner and developer, CC Industries, is proposing to demolish the existing building and site improvements, including railroad tracks, paving, landscaping, and approximately 23 trees. A new industrial building would be built in the center of the parcel, with loading docks on the north wall, and two 10,000-square-foot offices on the corners of the south wall. Three major landscaped bio-treatment retention areas and approximately 177 new trees would be planted throughout the site, within a 25-foot-wide landscaped area along the length of the south property line.
Access to the site would be from three driveways on Alvarado Street. A northern 40-foot-wide driveway would be dedicated exclusively to truck entry and exit, and two other driveways would provide access to two vehicle passenger parking lots located on the south and east sides of the building.
Heavy-duty and general truck internal circulation would be concentrated on the north side of the building, while the south side of the building would contain a vehicle passenger parking lot, pedestrian access to the offices’ main entrances, service doors, utility rooms, and new bicycle racks near the offices.
The applicant is proposing to cap the existing gas line and install a new transformer. Several fire hydrants would be installed throughout the site and a 24-foot-wide emergency vehicle access easement would be established on the property at 3073-3079 Teagarden Street, providing access through the north property line of the subject property.
STAFF ANALYSIS
Administrative Exception (Height)
The applicant is seeking approval of a 46-foot building height, in part because the 36-foot interior height clearance would attract a variety of businesses. In the IG zoning district, buildings may be constructed up to 50-foot in height with the approval of an Administrative Exception (Height).
The 46-foot-high warehouse would incorporate contemporary warehouse design elements, including entrance canopies and floor-to-ceiling windows using different types of glass, focused around the office entrances. The design is consistent with industrial park offices, warehouses, and industrial buildings to the north and east of the subject property. Most of the length of the building would be screened from the residential neighbors to the south by a landscaped buffer, featuring coast live oaks and bay laurel trees.
The Zoning Code also requires a 20-foot setback for any buildings which are either within 100 feet of a residential district or greater than 40 feet high. The building is greater than 40 feet in height and therefore this setback requirement applies. The proposed building would meet this setback requirement by a wide margin because it would be built 100 feet or more from virtually all property lines, except at the angled west property line where an 85-foot setback would be provided at the pinch point.
Administrative Site Plan Review
Approval of Administrative Site Plan Review is required for the development of any new structure greater than 5,000 square feet to ensure that new development complies with the requirements of the Zoning Code and other applicable codes and regulations.
Development Regulations
Staff have documented the Project’s compliance with these codes and regulations in Attachment 3, Development Regulations Table, and a summary is provided below.
IG District Base Regulations & Regulations for Non-Residential Uses - With the approval of the Administrative Exception (Height), the Project would comply with (or would be conditioned to comply with) IG district regulations for setbacks, lot coverage, floor area, minimum site landscaping, and screening of mechanical equipment, refuse, and utilities. To meet fencing regulations, a 10-foot-high precast concrete wall would be built along the south property line; the approx. 15-foot-high sound/block wall along the west property line (I-880) would remain; and 8-foot-high fencing made of tubular steel would replace chain link fencing throughout the site.
Parking and Loading - The Project would provide: 226 vehicle parking spaces where 215 are required; eight loading spaces strategically placed near each office entrance and warehouse loading docks; 14 short-term bicycle parking spaces where 11 are required; and 16 long-term parking spaces, where none are required.
Landscaping and Tree Replacement - The project would provide landscaping in the front yard and throughout the two vehicle passenger parking lots, including 73 trees for parking lot areas. The Project would include installing approximately 177 new trees to replace the removal of 23 trees. Bio-treatment retention areas would also be installed within these landscaped front/east, south side setbacks, and at the rear of the property.
IG Regulations for Parcels Adjacent to Residential Districts - The Zoning Code requires that certain features be installed to reduce land use conflicts between industrial and residential uses, due to the adjacency to approximately 16 single-family houses on Figueroa Drive, on the south side of the subject property. Features include truck loading dock rubber bumpers, noise attenuation for mechanical equipment, a landscaped screen, and an 8-foot-high masonry wall on the shared property line. The Project would meet and exceed these requirements, as noted in Attachment 3. However, these regulations are pre-empted by California Government Code Section 65098.2 requirements (AB 98), which is discussed in more detail below.
California Warehouse Design and Build Standards (AB 98)
AB 98 is a recent state law that establishes statewide design and build standards for large new or expanded logistics/warehouse facilities for the purpose of minimizing adverse impacts on residential communities and sensitive receptors. The proposed project has been designed to comply with the requirements of AB 98, as detailed below.
AB 98 Loading Dock and Truck Access - The Project would:
• provide a separate heavy-truck entrance through the north driveway,
• locate all the (52) truck loading docks on the north side of the building;
• provide a truck turn-around area (internal truck circulation) near the northwest corner of the property, and gated away from the south side of the property;
• locate the separate entrance for heavy-duty trucks on an existing truck route, which is comprised of Fremont Avenue, Alvarado Street, Teagarden Street, and Aladdin Avenue, which connect to Marina Boulevard and its I-880 on- and off-ramps on the north.
AB 98 Buffer Area (Setback) - For warehouses under 250,000 square feet in industrial zones, AB 98 requires a buffer area that functions as a setback, which is required to include a barrier (one of three options) on the shared property line, drought-tolerant landscaping, and a “solid-screen” composed of trees. The buffer area is allowed to contain other hardscape, access, and passenger vehicle parking improvements. As required by AB 98, the Project would, on the shared, south property line:
• provide a setback of approx. 100 feet, 4 inches, where a 50-foot width is required;
• install a 10-foot-high precast concrete wall;
• install a 25-foot-wide landscaped area containing shrubs, perennials, grasses, groundcovers, and trees; and
• install coast live oak and bay laurel trees inside the landscaped area, arranged in a double row, with a 40-foot on-center separation, to create the “solid-screen”.
AB 98 Building Energy Efficiency - In addition to the above site improvements, AB 98 requires certain features be installed within the building and on its truck loading docks. The Project would comply, or be conditioned to build or install: a photovoltaic system (PV) and its associated battery storage; cool roofing; medium- and heavy-duty vehicle readiness; light-duty electric vehicle (EV) charging readiness and installed charging stations; conduits at loading bays equal to one truck per every loading bay serving cold storage to reduce idling; high-efficiency heating, ventilation, and air conditioning (HVAC); and prohibit idling or use of auxiliary truck engine power to power climate controlled trucks, if the truck is capable of plugging in and sufficient power is available.
Conditional Use Permit
The applicant is seeking approval for a Conditional Use Permit to allow the development of a new warehouse for Warehouse Storage and Distribution land use classifications. As conditioned, the Project would comply with, the Zoning Code, AB 98, mitigation measures, and conditions of approval that would limit potential adverse impacts.
Land Use Compatibility
As noted, the site is near industrially-zoned properties to the north and east, and there are a variety of industrial, commercial, and office neighbors in those directions. The Project would concentrate all truck activity - including the northern 40-foot driveway, primary truck drive aisle, truck loading docks, and truck turnaround area - on the north side of the building and northwest corner of the site. These operations would be compatible with the northerly adjacent neighbors and the visual character of Alvarado and Teagarden Streets.
At the south property line, the Project is adjacent to approximately 16 single-family houses on Figueroa Drive. To avoid conflicts with these residences, truck loading docks would be built along the north wall of the building, and the south side of the building would contain a parking lot for only passenger vehicles, thereby not allowing truck access or truck-related activities near the residential neighbors. Residential neighbors would be physically separated from the warehouse and the south passenger vehicle parking lot with both a 10-foot-high precast concrete wall and a 25-foot-wide landscaped area containing “solid-screen” double row of trees. Additionally, the Project would be required to install building energy efficiency features, aimed at reducing the overall emissions.
Environmental Hazard Impact Mitigation
An Initial Study and Mitigated Negative Declaration (IS/MND) and a Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Project (Attachment 1, Exhibits A and B). The MMRP establishes mitigation measures that would reduce foreseeable noise, air quality (dust and emissions) impacts that could result from the construction of the project or its ongoing operations. The MMRP also specifically establishes two mitigation measures, HAZ-1 and HAZ-2, which would reduce the foreseeable impacts resulting from construction activities conducted on top of the known Davis-Washington-Alvarado (DWA) contamination plume.
Mitigation Measure HAZ-1 would require the Project to complete a Standard Voluntary Agreement case with the California Department of Toxic Substances Control (DTSC). The Project would implement any requirements resulting from that case, such as soil vapor or groundwater monitoring wells, soil removal and disposal, and/or a vapor intrusion mitigation system. Such remediation would reduce impacts that may occur during construction and throughout the daily operations of the Project. HAZ-1 would reduce impacts to construction workers, neighbors, and future visitors and employees.
Mitigation Measure HAZ-2 would require the Project to prepare and execute a Soil Management Plan that would address any potential exposure to contaminated soils which may result from construction-related demolition and grading. HAZ-2 would also mitigate impacts to construction workers, neighbors, and future visitors and employees, specifically during construction.
Traffic, Access, and Utilities
Analysis of traffic impacts for CEQA and the City is now aligned with the state’s requirements for a Vehicle Miles Travelled (VMT) analysis. The site is located inside a Low VMT area, which, by definition, is an area that has a worker home-to-work VMT that is below the existing average home-to-work VMT. Therefore, the project is automatically presumed to have a less-than-significant impact on traffic. As such, Project impacts related to traffic would not unduly harm the surrounding area or its residential neighborhoods. The site would be served by AC Transit and the future employers of the stie would be required to contribute fair-share payments to the West San Leandro Business Improvement District, which partially funds the San Leandro Links shuttle. Likewise, the building would be outfitted with bicycle racks, which encourage additional methods of transportation for the use.
While, according to the Traffic Impact Analysis, 419 additional trips would be generated over its existing vacant condition, the Project is a replacement of an existing warehouse which, if not reconstructed through approval of this Project, would be allowed to operate without necessitating any planning entitlements. Therefore, these traffic counts could occur with or without the development of the Project.
For emergency access, the Project would be served by emergency access on Alvarado Street and a proposed 24-foot-wide emergency vehicle access easement that would provide access from Teagarden Street, crossing through the property on 3073-3079 Teagarden Street. Several fire hydrants would also be installed throughout the property and the building would be outfitted with fire sprinklers.
The site would continue to be served by its existing utility agencies, including EBMUD, the city’s sanitary sewer system, and Ava Community Energy. A new transformer would be installed, providing any additional energy required for the Project. The site contains storm drains owned by the Alameda County Flood Control District (ACFCD), which are located near and along the west and south property lines. Any work in the District right-of-way would be required to be completed under an encroachment permit.
GENERAL PLAN CONFORMANCE
The proposed project would be consistent with numerous goals and policies of the General Plan, as discussed in Attachment 4, General Plan Goals and Policies.
FINDINGS OF FACT
To recommend approval of the proposed Administrative Site Plan Review, Conditional Use Permit and Administrative Exception (Height), the Planning Commission must make certain Findings of Fact and/or determination pursuant to the Zoning Code. Staff have analyzed the proposal and determined that the required findings can be made, as detailed in Attachment 5, Findings of Fact.
ENVIRONMENTAL REVIEW
An Initial Study and Draft Mitigated Negative Declaration (IS/MND) (Attachment 1, Exhibits A and B) was prepared for the Project. Because the Initial Study found that all potentially significant impacts could be reduced to a less-than-significant level through required mitigation measures, the City was not required to prepare a more extensive Environmental Impact Report (EIR).
A Notice of Intent and the IS/MND were circulated for a 30-day public review period from July 21, 2026 to August 20, 2026. Two comments were received during the public review period. Based on a comment received from EBMUD, the Draft IS/MND has been revised to add minor clarifications to the Utilities and Service Systems section, as summarized in Attachment 1, Exhibit A. The changes clarify and expand on the information in the Draft IS-MND and does not constitute a “substantial revision” requiring recirculation under CEQA Guidelines Section 15073.5. A Mitigation Monitoring and Reporting Program (MMRP) (Attachment 1, Exhibit A) has been prepared to track compliance with the required mitigation measures.
PUBLIC OUTREACH
A notice of public hearing was published for this project in the East Bay Times Daily Review newspaper, mailed to property owners within 500 feet of the subject property, and posted at the Project Site and City Hall by Friday, August 21, 2026. As of the publication of this staff report, no public comments have been received.
RECOMMENDATION
Staff recommend that the Planning Commission adopt the attached Resolution adopting the Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) for PLN24-0030 and approving a Conditional Use Permit, Administrative Site Plan Review, and Administrative Exception (Height) to allow the construction and operation of a new 46-foot-tall, approximately 241,400-square-foot warehouse/distribution facility on a 14.9-acre lot at 3199 Alvarado Street (PLN24-0030), based on the recommended Findings of Fact and subject to the recommended Conditions of Approval.
ATTACHMENTS
Attachment 1 - Planning Commission Resolution 26-XXX
Exhibit A: Final Mitigated Negative Declaration with MMRP
Exhibit B: Draft Mitigated Negative Declaration
Exhibit C: Project Plans
Attachment 2 - Vicinity Map
Attachment 3 - Development Regulations Table
Attachment 4 - General Plan Goals and Policies
Attachment 5 - Findings of Fact
PREPARED BY: Lourdes Juarez, Associate Planner