Title
Encinal Terminals Development Agreement Annual Review - Applicants: North Waterfront Cove, LLC. The applicants are requesting a periodic review of the Encinal Terminals Project 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 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 Encinal Terminals Development Agreement. North Waterfront Cove, LLC. 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 the Developers have 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 March 3, 2022, the City of Alameda (City) and North Waterfront Cove, LLC. (Developer) entered into a Development Agreement (DA) for the Encinal Terminals Project. In early 2025 the DA was amended to allow additional time to complete certain obligations in light of the ongoing financial difficulties of residential development. This report provides a status on the activities associated with the amended DA timelines and the status of the Project covering the annual review period from January 1 through December 31, 2025. The Developer has submitted a letter demonstrating their good faith compliance with the terms and conditions of the DA. (Exhibit 1)
DISCUSSION
From staff’s perspective, Developers have complied in good faith with the terms and conditions of the DA for the period up 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 (Exhibit 2) finding that the Developers have demonstrated good faith compliance with the terms and conditions of the Development Agreement.
Respectfully submitted,
Steven Buckley
Planning Services Manager
Exhibits:
1. Annual Report Letter from Developer
2. Draft Resolution Approving Annual Report