Title
Adopt Two Resolutions; 1) Reject an Appeal by Mitchell M. Tsai Law Offices for Carpenters Local 713 and Advocates for the Environment (Appellants) of the Decision of the Planning Commission to Certify an Environmental Impact Report and Associated Documents; and
2) Approve a Conditional Use Permit, Administrative Site Plan Review, and Administrative Exception (Height) to construct a 50-foot-tall, 244,573-square-foot warehouse/distribution building at 880 Doolittle Drive, PLN22-0039. Zoning District IG, General Industrial. APNs 77A-0741-004-02 and 77A-0741-005-00. Applicant: Prologis LP
Staffreport
COUNCIL PRIORITY
• Economic Development
SUMMARY AND RECOMMENDATION
The applicant requests approval of a Conditional Use Permit, Administrative Site Plan Review, and Administrative Exception (Height) to construct a 50-foot-tall, approximately 244,573-square-foot warehouse/distribution building and related site improvements at 880 Doolittle Drive. The Planning Commission considered the item at a duly noticed public hearing on February 6, 2025, and voted 4-2 (one vacancy) to certify the Environmental Impact Report and approve the project. Two timely appeals of the Planning Commission’s decision were filed by Mitchell M. Tsai Law Offices for Carpenters Local 713 and Advocates for the Environment. The appeals contend that the City did not adequately respond to the appellants’ comments on the Environmental Impact Report.
Staff recommends that the City Council adopt a Resolution (Attachment A) certifying the Environmental Impact Report and adopting certain findings and a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program and a Resolution (Attachment B) rejecting the appeals and affirming the decision of the Planning Commission to approve a Conditional Use Permit, Administrative Site Plan Review, and Administrative Exception (Height) (PLN2022-0039).
BACKGROUND
The subject property is located at 880 Doolittle Drive, a 14.4-acre site in the IG (Industrial General) Zoning District comprised of two vacant industrial buildings and a large surface parking lot. Vehicular access is provided by existing driveways connecting to Hester Street and Doolittle Drive.
The applicant is proposing to merge the two existing parcels, demolish the two existing industrial buildings and pavement, and develop a new approximately 244,573-square- foot industrial building, including approximately 15,000 square feet of associated office space of which approximately 5,000 square feet would be on a mezzanine level. To accommodate the new industrial building, the project also includes development of new parking and circulation areas, utility connections, and landscaping. The proposal includes two surface parking areas providing 204 passenger vehicle parking spaces and 59 spaces for tractor trailers. The project would provide 24 bicycle parking spaces and 64 loading docks. A tenant has not been identified for the proposed building; however a Conditional Use Permit is proposed to allow warehouse, wholesale, and distribution uses.
ANALYSIS
Administrative Site Plan Review
The project design would create a harmonious and orderly development that is compatible with its surroundings. Parking, loading, and service areas are proposed to be screened to the extent possible. The building is appropriately designed and similar in style to other modern industrial buildings. Landscaping along street frontages and in parking areas would soften the industrial nature of the development and provide further screening.
The proposed project has been evaluated for conformity with the General Plan, Zoning Code, and development standards for the IG District. With the approval of the requested Administrative Exception (Height) and the implementation of the conditions of approval, the project would meet all applicable development standards. A detailed table analyzing the proposed project relative to the required development standards is included as Attachment 4 to Attachment D.
Administrative Exception (Height)
The applicant has proposed a 50-foot-tall building to accommodate high-piled storage and allow maximum flexibility for future tenants. The maximum building height in the IG zone is 50 feet with approval of an Administrative Exception (Height). The building would be consistent with the height of other buildings in San Leandro’s industrial zones, including recently approved developments at 1700 Doolittle Drive and 14143 Washington Avenue, and under-construction developments at 1919 Williams Street and 1345 Doolittle Drive.
The project site is located within Airport Safety Zones 4 and 6 in the Oakland International Airport Land Use Compatibility Plan. The applicant submitted the project for review to the Federal Aviation Administration (FAA), which determined that the proposed building height of 50 feet does not present a hazard to air navigation. Port of Oakland staff have provided requirements to reduce avigation hazards during construction, which have been incorporated into the proposed conditions of approval. A condition of approval has also been included requiring the recordation of an avigation easement permitting the right of flight in the airspace above the site. Alameda County Airport Land Use Commission staff have indicated that a warehouse/distribution use at the subject site is consistent with the Airport Land Use Compatibility Plan.
Conditional Use Permit
The applicant is seeking a Conditional Use Permit to allow -Warehouse - Storage Facilities and Warehouse - Wholesale/Retail Distribution uses in the proposed new building. As noted, the site is surrounded by other IG District properties. Staff recommends approval of the proposed Conditional Use Permit subject to compliance with recommended conditions of approval and mitigation measures that address operational characteristics (noise, glare, hazardous materials, and other applicable performance standards) and ensure compatibility with adjacent uses. The project site and design are appropriate to accommodate a wide range of potential future industrial uses without creating incompatible conflicts with adjacent uses.
GENERAL PLAN CONFORMANCE
The proposal is consistent with the General Plan. Specific relevant policies are provided in Attachment 5 to Attachment D - General Plan Goals and Policies.
ENVIRONMENTAL REVIEW
An EIR has been prepared and circulated in accordance with the requirements of CEQA. Under CEQA, an EIR is required to be prepared when a proposed project may have a significant effect on the environment, and that effect cannot be mitigated to a level of insignificance. An agency may approve a project with significant and unavoidable impacts if it adopts a Statement of Overriding Considerations, which finds that the benefits of a project outweigh the potential environmental impact. The Draft and Final EIR for the proposed project are attached as Attachment A, Exhibits A and B.
The proposed project would include plumbing for new natural gas connections. Based on recent adopted guidance from the Bay Area Air Quality Management District (BAAQMD), the inclusion of natural gas plumbing has been determined to constitute a significant and unavoidable environmental impact based on the potential to contribute to long-term generation of GHG emissions.
The applicant is proposing to include natural gas plumbing in the project for the purpose of attracting a wide range of potential tenants. Many advanced manufacturing and research and development (R&D) users rely on natural gas for key processes and systems, including industries targeted in the City’s recently adopted Economic Development Strategy (clean tech, food tech, biomedical, hardware/robotics and emerging technologies). Attracting these types of industrial uses advances various goals and policies in the City’s General Plan Land Use and Economic Development Elements and supports Economic Development Strategy goals to accelerate innovation and growth of target industries, preserve industrial districts and address infrastructure needs.
As discussed in the EIR, this potential environmental impact cannot be mitigated to a level of insignificance, but staff is recommending adoption of mitigation measures that would limit the use of natural gas to the extent feasible. The building and its appliances (space heating, hot water heating, office cooking facilities, etc.) would be required to be all electric and natural gas would be limited to only specific industrial or manufacturing processes that require natural gas as a critical component to that process or processes.
Staff recommends that the City Council approve the project and adopt Findings and a Statement of Overriding Considerations (Attachment A, Exhibit C) pursuant to CEQA Guidelines Section 15093, which finds that the benefits to the project outweigh the potential environmental effects.
The EIR also includes mitigation measures addressing potentially significant impacts regarding Air Quality, Biological Resources, Cultural Resources, Hazards and Hazardous Materials, Noise, Transportation and Tribal Cultural Resources. With implementation of mitigation measures, these impacts would be reduced to a less-than-significant level.
PLANNING COMMISSION ACTION
On February 6, 2025, the Planning Commission held a duly noticed public hearing and voted 4-2 (one vacancy) to certify the Environmental Impact Report and approve the project.
Four comment letters were received between February 1 and February 6, and these were provided to the Planning Commission in advance of the public hearing. Comments were received from the Golden State Environmental Justice Alliance, Advocates for the Environment, and Mitchell M. Tsai/Carpenters Local 713, which submitted two comment letters. These letters addressed air quality, greenhouse gas emissions and mitigation measures, use of a local workforce to reduce vehicle trip length and emissions, biological resources, noise and vibration, energy use, inadequacy of the Draft and Final EIR to evaluate impacts and identify all feasible mitigation measures and failure to adequately address previous comments. Three members of the public attended the meeting. One spoke in support of the project and two spoke against the project.
Discussion at the Planning Commission hearing included various topics, including whether and how natural gas should be made available to future tenants and safe bicycle access to this site. Some informational questions were asked regarding the applicant’s plans for hiring construction contractors.
Draft minutes of the February 6, 2025, Planning Commission meeting are included as Attachment G.
BASIS OF APPEAL
The appeals of Advocates for the Environment and Mitchell M. Tsai/Carpenters Local 713 restate the comments made by these organizations on the Draft and Final EIR and to the Planning Commission. Topics addressed include air quality and greenhouse gas emissions, vehicle trip length, biological resources, noise and vibration, energy use, and concerns about the adequacy of the Draft and Final EIR to evaluate impacts and identify feasible mitigation measures and to address comments on the environmental documents.
CEQA requires analysis of potentially significant impacts against established significance thresholds. All feasible mitigation measures must be applied, rather than all possible mitigation measures, so that the interests of the environment and economy are balanced. Staff has reviewed the environmental documents and the comments received and is of the opinion that the Draft and Final EIR have adequately evaluated and addressed the subject matter. Staff believes the environmental documentation provides adequate analysis to support City Council adoption of the CEQA Findings and Statement of Overriding Considerations.
The EIR identified significant, unavoidable adverse impacts on greenhouse gas emissions, due to the BAAQMD having classified all projects that use or might use natural gas as having a significant climate impact. Due to a recent lawsuit, California Restaurant Association v City of Berkeley, cities may not ban the use of natural gas. Because the applicant wants to have the flexibility to offer natural gas to potential tenants, the project is proposing to be plumbed for gas. However, all lighting, heating, air conditioning, and appliances would use electricity; gas would only be used for necessary industrial processes, if at all.
The CEQA Findings and Statement of Overriding Considerations, Attachment C to Attachment A, summarizes each impact, any mitigation measures and the feasibility of mitigation, and residual impacts after mitigation for each impact category in the EIR and alternatives to the project and establishes the benefits of the project to the City of San Leandro and the reasons for approving the project in spite of some impacts that cannot be mitigated to a level of insignificance..
FINDINGS OF FACT
To approve the proposed Administrative Site Plan Review, Conditional Use Permit and Administrative Exception (Height), the City Council must make certain findings of facts pursuant to the Zoning Code. Staff has analyzed the proposal and determined that the required findings can be made, as documented in Attachment I - Findings of Fact.
PUBLIC OUTREACH
A notice of public hearing was published for this project in the East Bay Times Daily Review newspaper on April 25, 2025, at City Hall, on the property, and by mail to property owners within 500 feet of the subject property.
ATTACHMENTS
A. Resolution No. 2025-XXX Certifying EIR
Attachment A, Exhibit A: Draft Environmental Impact Report
Attachment A, Exhibit B: Final Environmental Impact Report
Attachment A, Exhibit C: CEQA Findings and Statement of Overriding Considerations
Attachment A, Exhibit D: Mitigation Monitoring and Reporting Program
B: Resolution No. 2025-XXX Rejecting the Appeal (APL25-0001) and Approving PLN22-0039
Attachment B, Exhibit A: Project Plans
C: Appeals of the Planning Commission’s Decision
D: Planning Commission Staff Report, dated February 6, 2025
Attachment 1: Resolution 2025-XXX Certifying EIR
Exhibit A: Draft EIR
Exhibit B: Final EIR
Exhibit C: CEQA Findings and Statement of Overriding Considerations
Exhibit D: Mitigation Monitoring and Reporting Program
Attachment 2: Resolution 2025-XXX Approving PLN22-0039
Exhibit A: Project Plans
Attachment 3: Vicinity Map
Attachment 4: Development Regulations Table
Attachment 5: General Plan Goals and Policies
E: Adopted Planning Commission Resolution No. 2025-001
F: Adopted Planning Commission Resolution No. 2025-002
G: Draft Minutes of the February 6, 2025, Planning Commission meeting
H: Comments and Responses on the Environmental Impact Report (table)
I: Findings of Fact
PREPARED BY: Cindy Lemaire, Senior Planner, Community Development