Title
Annual Review: Alameda Point Site A Development Agreement - Applicant: Alameda Point Partners, LLC (APP). The applicant is requesting a periodic review of the Alameda Point Site A Development Agreement. The consideration of an Annual Report is not a project under 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 Alameda Point - Site A Development Agreement (DA). Alameda Point Partners, 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 Developer 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 August 31, 2015, the City of Alameda (City) and Alameda Point Partners (APP or Developer) entered into a Development Agreement for the 68-acre Site A project at Alameda Point.
Pursuant to State law, Alameda Municipal Code (AMC) Section 30-95.1, and Article 5 of 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 Developer Letter of Compliance for the annual 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). Staff is recommending that the Planning Board approve the annual report and find that the Developer has complied in good faith with the terms and conditions of the DA.
DISCUSSION
During the review period, the Developer met regularly with City staff to ensure compliance with the Development Agreement and successful implementation of the project. APP has submitted a letter describing their work during the review period. (Exhibit 1)
In order to support the City’s negotiations with the master developers of West Midway, located to the north of Site A, Site A has agreed to enter into an 8th Operating Memorandum, which provides the City with cost reimbursement mechanism in the event that West Midway initiates construction on Site A Joint Infrastructure ahead of Site A’s project schedule in the DDA.
In February 2024, the Planning Board approved a Site A Development Plan Amendment, Use Permit and Design Review for Block 9 to convert a portion of the previously approved retail space along Atlantic Avenue into Work/Live units.
Staff has reviewed and verified the information provided in the Developer’s Letter attached as Exhibit 1. From staff’s perspective, the Developer has complied in good faith with the terms and conditions of the DA for two annual review periods January 2023 through December 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 Developers
2. Draft Resolution Approving Annual Report