Title
Boatworks Development Agreement Annual Review - Applicant: Boatworks, LLC. The applicant is requesting a periodic review of the Boatworks Development Agreement. The consideration of an Annual Report is not a project under the California Environmental Quality Act (CEQA). No further environmental review is required.
Body
To: Honorable President and
Members of the Planning Board
From: Steve Buckley, Secretary to the Board
EXECUTIVE SUMMARY
Alameda Municipal Code (AMC) Section 30-95.1 requires the Planning Board to conduct a public hearing at which the applicant must demonstrate good faith compliance with the terms and conditions of the Boatworks Development Agreement (DA). Boatworks, LLC (Boatworks or Developer) has submitted a letter demonstrating their good faith compliance with the terms and conditions of the DA. (Exhibit 1).
Staff is recommending that the Planning Board approve the annual report and find that Boatworks has complied in good faith with the terms and conditions of the DA. The Development Agreement can be found on the City of Alameda website at:
<https://www.alamedaca.gov/Departments/Planning-Building-and-Transportation/Planning-Division/Major-Planning-Projects>
BACKGROUND
On May 22, 2020, the City of Alameda (City) and Boatworks, LLC entered into a Development Agreement (DA) for the approximately 9.5-acre Boatworks site at the corner of Oak Street and Clement Avenue. The development of the property has been the subject of eight lawsuits between the property owner and the City, and on March 3, 2020, the City Council approved a Settlement Agreement with Boatworks intended to resolve the pending lawsuits between the parties.
The Settlement Agreement requires new entitlements for the development of the project, which includes a final Development Plan, the Design Review approval for the waterfront park and open spaces, the Density Bonus application, and the Tentative Map. All of the development entitlements were re-approved in 2020 concurrent with the approval of the Development Agreement. The Developer is continuing to pursue various approvals required for development of the project, which includes 182 housing units. Staff is recommending that the Planning Board approve the annual report and find that Boatworks has complied in good faith with the terms and conditions of the DA.
DISCUSSION
Since the Effective Date of the DA in May 2020, the Developer has been working with the City of Alameda Public Works Department to prepare the infrastructure improvement plans, which must be completed before the Final Subdivision Map can be approved by the City Council.
Boatworks, LLC has submitted a letter describing their work during the review period. Given the year-end timing of this year’s review, staff requested the Developer to provide a letter covering 2023 and 2024 (Exhibit 1).
In 2023, several major milestones were achieved for the project, including the completion of a property-wide Surcharge Operation and the successful negotiation of a new Standard Voluntary Agreement with California's Department of Toxic Substance Control.
In 2024, a preliminary joint trench plan prepared by Radius Inc. was approved by Alameda Municipal Power, while Gates and Associates refined the project landscape plans in response to city comments and utility infrastructure requirements.
Staff have reviewed and verified the information in Developer’s Letter attached as Exhibit 1. From staff’s perspective, Boatworks, LLC has complied in good faith with the terms and conditions of the DA for two annual review periods January 1, 2023 through December 31, 2023 and January 1, 2024 through December 31, 2024.
ENVIRONMENTAL REVIEW
Development Agreement annual review is not a project as defined in the CEQA Guidelines Section 15378, therefore, no further action is required and none of the conditions of CEQA Guidelines Section 15162 requiring additional environmental review exist.
RECOMMENDATION
Approve the draft resolution finding that the Developer has demonstrated good faith compliance with the terms and conditions of the Development Agreement (Exhibit 2).
Respectfully submitted,
Allen Tai
Planning, Building and Transportation Director
Exhibits:
1. Annual Report Letter from Developer
2. Draft Resolution Approving Annual Report