Title
PLN26-0105 - 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: Steven Buckley, Secretary to the Board
EXECUTIVE SUMMARY
Alameda Municipal Code (AMC) Section 30-95.1 and Government Code Section 65865.1 require the Planning Board to conduct an annual review at 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, has submitted a letter, included as Exhibit 1, demonstrating their good faith compliance with the terms and conditions of the DA.
Staff is recommending that the Planning Board approve the attached resolution, included as Exhibit 2, to approve the annual report and find that Boatworks has complied in good faith with the terms and conditions of the DA. The Development Agreement is included as Exhibit 3.
BACKGROUND
On May 22, 2020, the City of Alameda (City) and Boatworks, LLC entered into a 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. This report does not address the Settlement Agreement.
The project includes 182 housing units, a waterfront park and open spaces. The initial development entitlements were re-approved in 2020 concurrent with the approval of the Development Agreement. The developer is continuing to pursue various interagency approvals required for development of the project.
Under Government Code Section 65865.1, Alameda Municipal Code (AMC) Section 30-95.1, and the Development Agreement, the Planning Board is required to hold a public hearing at which the applicant must demonstrate good faith compliance with the terms and conditions of the DA. In order to demonstrate good faith compliance, the applicant has submitted a letter covering the period of January 1 to December 31, 2025.
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.
The developer’s letter provides the following status update:
Today, the project is in a holding pattern as we wait for the California EPA, Department of Toxic Substance Control (DTSC) to respond to project submissions. The goal is to consolidate and finalize various existing agreements such that development will proceed with efficiency and clarity. A new DTSC project manager, Thomas Price, was assigned to the site.
Meanwhile, a Final Map, Development Plans and a newly drafted East Bay Municipal Utility District (EBMUD) Applicant Installed Water Main Extension Agreement are ready for implementation upon final documentation from the DTSC.
Staff believes that Boatworks, LLC has complied in good faith with the terms and conditions of the DA for the period of January 1 to December 31, 2025.
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
3. Development Agreement