File #: 2015-1606   
Type: Regular Agenda Item
Body: Planning Board
On agenda: 4/27/2015
Title: Public Workshop on Alameda Point Site A Development, including an Updated Draft Development Plan and Density Bonus Waiver, Conditions of Approval, a Draft Transportation Demand Management Plan Compliance Strategy, and a Draft Development Agreement
Attachments: 1. Exhibit 1 - Draft Development Plan, 2. Exhibit 2 - City Council, Planning Board and Other Community Comments, 3. Exhibit 3 - Draft Resolution and Conditions of Approval, 4. Exhibit 4 - Letters from APP Requesting Waiver of AMC 30-53, 5. Exhibit 5 - Draft Site A TDM Compliance Strategy, 6. Exhibit 6 - Draft Development Agreement for Site A, 7. Exhibit 7 - Environmental Compliance Checklist for Site A
Public Workshop on Alameda Point Site A Development, including an Updated Draft Development Plan and Density Bonus Waiver, Conditions of Approval, a Draft Transportation Demand Management Plan Compliance Strategy, and a Draft Development Agreement
      To:            Honorable President and
      Members of the Planning Board
     From:         Andrew Thomas, City Planner
Jennifer Ott, Chief Operating Officer - Alameda Point
      Date:      April 27, 2015
      Re:      Public Workshop on Alameda Point Site A Development, including an Updated Draft Development Plan and Conditions of Approval, a Draft Transportation Demand Management Plan Compliance Strategy, and a Draft Development Agreement
This staff report updates the previous March 23rd, 2015 Planning Board staff report with the following information:
1.      An updated Development Plan that addresses comments received by the Planning Board and community, including: changes to the parking plan at the waterfront area,  additional information on universal design strategies and sustainability measures; improvements to the perspective drawings and introduction of massing diagrams to improve public understanding of the proposed relationships between buildings and open spaces;
2.      Updated conditions of approval that incorporate feedback from the Planning Board and further review by City departments;
3.      The draft Transportation Demand Management (TDM) Compliance Strategy for Site A based on the previously provided outline of the TDM Compliance Strategy;
4.      The draft Development Agreement (DA) that is designed to vest the Site A's Development Plan and future project approvals for the life of the 20 year life of the  project; and
5.      An environmental compliance checklist confirming Site A's development program was adequately covered by the Alameda Point Final Environmental Impact Report (FEIR).
The purpose of the April 27, 2015 public workshop is to receive final comments from the public and the Planning Board on the draft documents listed above and described in more detail in this report.   Based upon the comments received, staff hopes to schedule a final public hearing for the Planning Board to take final action on the draft documents at the regularly scheduled meeting of May 11, 2015.   A final action by the Planning Board in May will allow the City Council to hold its final public hearings on the Site A development proposal in June.  
The work presented in this report is the culmination of an extensive public process that began on November 18, 2014 when the City Council approved an Exclusive Negotiation Agreement (ENA) with Alameda Point Partners (APP), the preferred developer for a 68-acre mixed-use development site at Alameda Point (Site A), consistent with the Waterfront Town Center Plan.  The ENA requires that APP complete a DDA and a Development Plan for Site A before the end of the 6-month ENA period, subject to extension. The developer has also requested a DA to vest Site A's current and future project approvals for the term of the DDA.  Generally speaking, a DA would allow the City greater latitude and flexibility in imposing conditions and requirements in the form of public benefits on the project while affording the developer greater assurance that once approved, the City's regulatory structure, e.g. its zoning code and development standards, will remain the same during the life of the project.  This evening's meeting is part of the ongoing extensive community process that includes monthly hearings before the City Council and Planning Board, meetings with other boards and commissions, stakeholder meetings and community open houses.
The terms in the ENA with APP focus on Site A's development funding and constructing initial transit infrastructure for Alameda Point including measures, such as dedicated bus rapid transit lanes and  contributing to funding of a new ferry terminal  as a concurrent obligation of its development; constructing utilities that will ultimately be accessed and extended to serve the entire Alameda Point property to help catalyze employment uses in the adjacent adaptive reuse and enterprise areas; and contributing to funding of near-term sports fields and waterfront park amenities for the entire Alameda community.  Under the terms of the ENA, APP and City staff are currently working to finalize a Development Plan for the site for Planning Board review and approval on May 11, 2015, and a DDA for City Council review and approval in late spring.
The project has been the subject of an ongoing public review process that has included:
·      On January 20, 2015, the City Council held a public meeting to review the initial development concepts and development terms.
·      On January 26, 2015, the Planning Board held its first public workshop on the APP conceptual Development Plan.  
·      On January 29th APP and the City also held a community open house at Building 14 at Alameda Point.  
·      On February 5, 2015, the Historical Advisory Board reviewed the draft Development Plan.
·      On February 12, 2015, the Recreation and Park Commission reviewed the draft Development Plan.
·      On February 17, 2015, the City Council reviewed an updated Development Plan, comments from the various boards and commissions and staff's initial responses to those comments.
·      On February 23, 2015, the Planning Board reviewed an updated Development Plan.
·      On February 25, 2015 at the joint meeting of the Transportation Commission and the Planning Board, the Transportation Commission reviewed the draft Development Plan for the first time and both boards provided initial comments on a transportation strategy for Site A consistent with the recently approved Alameda Point transportation strategy.
·      On March 4, 2015, APP and the City held a second open house at Bladium for the community to review updates to the draft Development Plan since the January 29th open house.
·      On March 28, 2015, the City and APP held a walking tour of Site A.
·      On April 21, 2015, the City Council held a public hearing to review the Development Plan and TDM Compliance Strategy.
As City staff and APP have received comments, the Development Plan has been revised and improved to address those comments and respond to the City Council, Planning Board, and other boards and commissions, and community comments. This has occurred through negotiations between the City and APP and result in the updated documents and development program attached.  The following provides a summary of the exhibits attached to this staff report:
·      Exhibit 1 represents the most recent version of the draft Development Plan.
·      Exhibit 2 provides a summary of the comments received at the meetings listed above with the exception of the April 21st meeting, which will be summarized verbally at this evening's meeting.
·      Exhibit 3 provides a draft resolution that includes findings for Development Plan approval, a waiver from AMC 30-53 Prohibition on Multifamily Housing, and conditions of approval.
·      Exhibit 4 includes the applicant's request for the waiver from AMC 30-53.
·      Exhibit 5 includes the draft Site A TDM Compliance Strategy.
·      Exhibit 6 includes a draft Development Agreement for Site A.
·      Exhibit 7 includes a draft environmental compliance checklist for Site A.
The proposed Development Plan (Exhibit 1) is designed to implement the City of Alameda General Plan policies for Alameda Point, the Alameda Municipal Code (AMC) zoning district regulations for Alameda Point, and the requirements of the Master Plan for the Alameda Point Waterfront and Town Center Sub-district (Town Center Plan).   The following provides an overview of the Site A Development Plan.
Transit-Oriented Development
The Development Plan facilitates and encourages the General Plan, Town Center Plan, and AMC zoning policies, standards, and requirements for a transit-oriented community and includes the following:
·      Eight hundred of the 1,425 total residential units programmed for Alameda Point and up to 400,000 square feet of commercial development in existing buildings, approximately 200,000 square feet of retail and hotel space in new buildings, and approximately 15 acres of public open space and parks.   
·      Approximately 15 acres of public open space, parks and plazas representing approximately 22% of the 68-acre property, and approximately 16.3 acres of public streets and sidewalks represent an additional 24% of the property.  
·      Residential units are provided in multifamily building types on eight blocks located immediately adjacent to the primary transit corridor along the Ralph Appezzato Memorial Parkway (RAMP) that links a future ferry terminal at the Seaplane Lagoon with the planned Bus Rapid Transit (BRT) service between Site A and downtown Oakland.   
·      All residential units on Site A will be within a one-block walk or less of the BRT line, protected bicycle lanes along RAMP and public open space to facilitate a pedestrian oriented environment.
·      Parking ratios on Site A that are consistent with the Town Center Plan, and designed to encourage a transit-oriented development by creating disincentives for residents and employees to use single-occupancy vehicles while providing a sufficient level of public parking to be competitive for attracting retail and other commercial businesses. Consistent with the Town Center Plan, up to 1.5 spaces per residential unit is allowed and at least one shared public parking lot at the heart of the retail center that will likely be converted to a parking structure.  The public parking area is located on Block 14.  All apartment or condominium housing will be unbundled parking leased or owned separately from the residential units.   
·      Of the 800 units, approximately 635 of the units will be in stacked flat buildings over parking and approximately 165 of the units will be in attached or stacked townhomes and row houses.
·      To create a comfortable transition between the adjacent Bayport neighborhood and the commercial center at the Seaplane Lagoon, the height and residential density of the eight residential blocks increases along RAMP and across Site A from Main Street to the Seaplane Lagoon.  The blocks facing Main Street and the Bayport neighborhood are the lowest density blocks with three-story townhomes. The blocks closest to the Seaplane Lagoon and the commercial center of the project will provide space for the higher density multifamily housing units that will support the commercial uses and waterfront activities.
·      To facilitate a pedestrian oriented "town center" environment, Blocks 3, 4, 8, 9, and 11 will have ground floor retail and/or adaptive spaces facing RAMP.
Employment and Non-Residential Development
To implement the General Plan, Town Center Plan, and Zoning District policies, standards, and requirements that seek to support employment and commercial use at Alameda Point and to replace jobs lost by the departure of the United States Navy (Navy) in 1996, the Development Plan includes facilities and improvements to support job-generating uses.  The following provides a summary of the employment and non-residential development planned for Site A:
·       The marketing and potential leasing of up to 400,000 square feet of existing buildings for commercial reuse will begin following execution of the DDA by the City Council.  The marketing and leasing of the existing buildings shall not be limited by Phasing as described below or set forth in the Development Plan, as Phasing relates to the timing of the transfer of land ownership from the City to APP, not the potential for earlier reuse of the existing buildings.  
·      These existing buildings will be marketed primarily for flexible R&D, office and/or light industrial and retail uses or ancillary retail uses.  These uses are complementary existing uses within the Adaptive Reuse Area and to the commercial uses being proposed for the adjacent Building 9, which is planned for food and beverage manufacturing production and incubator space associated with local and regional suppliers in partnership with the Whole Foods Market company.
·      The commercial space will be also marketed to other clusters of "makers" and small-scale local and regional manufacturing companies (or individuals incubating a manufacturing idea) with potential to expand and grow on-site.  Other uses could include start-up and expanding clean-tech companies similar to Wrightspeed, Natel Energy, and Makani Power (recently acquired by Google), which are existing tenants at Alameda Point.  
·      APP's Phase 0 plan, which will commence shortly after the execution of the DDA, serves three major purposes: (1) creating immediate activity and an "interest generator" for the waterfront at the core of Site A, which will maximize the potential for fostering a high-quality mixed-use community; (2) serving as an incubator or "phase 1" for the retail development component of Site A by creating a low-cost environment for retail uses, which will allow them to occur concurrently with other development (typically, new construction of retail space occurs after other types of new development occurs), as well as more organically, resulting ultimately in the attraction of authentic commercial uses and  a high-quality and unique retail experience; and (3) providing waterfront amenities for the entire Alameda community to enjoy and experience, which begins the much-anticipated process of integrating Alameda Point with the rest of the City.
Affordable Housing
In compliance with the General Plan, Town Center Plan and AMC policies, standards, and requirements to provide for affordable housing and a mixed-income, transit oriented community, the Development Plan provides:
·      200 of the 800 units (25%) restricted to very low-, low- and moderate-income households.  The other 600 units will be market rate units.  
·      One hundred twenty-eight (128) of the 200 affordable units permanently restricted for very low, low-income and moderate income households.  These units are proposed to be constructed by Eden Housing, a nonprofit affordable housing developer, in one or two buildings on a shared or separate podium on Block 8 in the first phase of the development.  Eden Housing is exploring either providing 128 units for very low-, low-income family housing or 50% of the units as low- and very-low senior housing and the remaining 50% as very low- or low-income family housing.  Eden Housing will also provide long-term property management and resident services targeted to the needs of its residents.  
·      Seventy-two (72) moderate-income units will be dispersed throughout the remaining residential blocks of Site A in buildings to be constructed as part of APP Site A Development Plan.     
Density Bonus Waiver of Development Standards
The Project is providing 25% affordable housing and qualifies for affordable housing density bonuses, concessions, incentives and waivers pursuant to State law and AMC section 30-17 (Density Bonus Ordinance).  Consistent with the Town Center Plan, the Development Plan does not include any single family housing; therefore, APP is requesting a waiver from AMC 30-53, which prohibits construction of multifamily housing (Exhibit 4).  The project applicant is not requesting any density bonus units or financial concessions.   
Under State law and local ordinances, the City must waive the prohibition on multifamily family housing, if it is determined that the waiver is necessary because the prohibition physically precludes the applicant from accommodating the 800 units on the site, and that the waiver will not result in an impact to the public health and safety, or result in a conflict with any Federal or State laws. Exhibit 4 provides evidence that the waiver is necessary to enable Site A to accommodate the 800 units and that the waiver will not result in an impact to the public health and safety or result in a conflict with any Federal or State laws.  
Exhibits 1 and 4 comply with the requirements of the AMC, as they apply to phased projects.  Evidence is included in the Exhibit 4 waiver request to obligate APP to construct the affordable housing.  Because the development of Site A will occur over 20 years, as set forth in the DDA and DA, and pursuant to Chapter 8 of the Town Center Plan, floor plans and elevations will be provided by APP in compliance with AMC 30-53 at the time of Design Review by the Planning Board prior to any approval to construct a building.  
Rental and Home Ownership Opportunities
In 2014, the Alameda City Council initiated a community discussion and planning process to address the impacts of rising housing costs, dramatic increases in rental unit costs, and the resulting displacement of long-term Alameda residents from the Alameda community.  The Site A Development Plan will provide a number of new rental units in the City as well as for-sale units of a size and scale that they are accessible for entry level homeowners and existing Alameda renters seeking home ownership opportunities in Alameda.  It also will provide Alameda seniors and "empty nesters" housing opportunities in a transit-oriented area of Alameda.
The proportion of rental to for-sale units will likely vary over time depending on market conditions and demand.  At this time, the Development Plan is designed to provide approximately:
·      530 rental units in the first phase, which includes the very low- and low-income units.
·      139 for-sale townhomes in the first phase,
·      131 for-sale townhomes and condominiums in the second phase.
Including the affordable units, the proposed ratio of rental to for-sale is approximately 66% to 34%, respectively.  When excluding the low- and very-low units from the mix, the rent vs. own ratio among market rate units is approximately 60%/40%, respectively.   The preliminary ratio of rental housing to for-sale housing has been set by APP with the following market considerations in mind:  (1) major commercial users and employers are more likely to locate at Alameda Point if a significant amount of high-quality nearby rental housing is provided for their workforce; (2) rental housing has a greater potential to attract residents who use alternative modes of transit; (3) current market prices for condominiums in the local Alameda market do not support the high cost of the land and infrastructure at Alameda Point; and (4) very little market-rate rental housing has been constructed in Alameda over the last several decades.
The phasing of large mixed-use projects is allowed under Master Plans, such as the Town Center Plan, and under Development Agreements, which provides for construction over five to 20 years and provides for construction of major public amenities over that timeframe.
All phases of development will be required to comply with the City's design review process.  This phasing benefits the Alameda community by allowing the community to change and improve the final design of each building to reflect current community preferences and current best practices rather than being bound to preferences that might have existed when the initial approvals for the project were granted.   By allowing for phased design review submittals and approvals, the Alameda community is able to shape the project as it is being constructed and is not guided by architectural preferences or housing type preferences that might have prevailed at the time of the original approval.  .
After approval of the Development Plan, DA, and DDA, the APP design team will prepare and submit architectural drawings for each building and seek design review approval by the Planning Board.  The submittal of subsequent design review plans will occur incrementally over the course of the development.  Over the next two to four years, APP plans to submit design review plans for approximately 670 residential units, 96,000 square feet of commercial or retail development, and approximately 8.25 acres of parks space.  
Site A Transportation Demand Management (TDM) Compliance Strategy
APP prepared a draft TDM Compliance Strategy for the Site A development consistent with the Alameda Point TDM Plan (Exhibit 5).  It describes how the Site A development will comply with and implement all of the key aspects of the Alameda Point TDM Plan.  In certain instances, such as initial transit services, services may be provided at a level greater than proposed in the TDM Plan.  
The Transportation Commission and Planning Board provided initial comments on the initial draft outline of the Site A TDM Compliance Strategy on February 25, 2015.  The City Council will comment on the draft TDM Compliance Strategy on April 21st and the Planning Board will provide further comments this evening.  The TDM Compliance Strategy is designed to be approved by the City Council as an attachment to the DDA.        
On May 20, 2014, the City Council approved the TDM Plan for Alameda Point consistent with the General Plan and the Alameda Point FEIR.  "TDM" refers to an array of strategies, measures, and services which, individually or combined into a comprehensive program, supports a transit-oriented development at Alameda Point; achieves the City of Alameda's General Plan goals to reduce automobile trips, and in particular, targets the reduction of Single Occupant Vehicle (SOV) trips; and mitigates potential traffic impacts.  
Beyond mitigating the potential traffic impacts of Alameda Point development, TDM promotes regional goals that include reducing traffic congestion on the Bay Area's routes of regional significance; reducing the primary source of mobile emissions; improving safety, and thus increasing mobility, for those who bicycle, walk or take public transit; conserving energy; and improving the health of the population by encouraging physically active forms of transportation.
Consistent with the General Plan, the performance objectives of the TDM Plan are to reduce peak hour trips generated from Alameda Point, as projected in the EIR, by 10 percent for new residential development and 30 percent for new commercial development.
It requires that all new development at Alameda Point comply with the TDM Plan to mitigate traffic impacts from new development during peak hours and to support the creation of a transit-oriented development at Alameda Point.  Specifically, the TDM Plan requires that all new development at Alameda Point, including the proposed Site A development, prepare a TDM Compliance Strategy consistent with the TDM Plan.  
All developers, property owners, residents, and employers at Alameda Point and in the Site A development plan are required to fund, comply with, and collaboratively manage, monitor and continuously improve upon a TDM program that mitigates traffic impacts as well as improves the quality of life for those who live and work at Alameda Point.  The primary components of the TDM Plan include:
·      Transit Services: The TDM Plan provides subsidies for public transit or privately operated transit services for convenient, frequent, and direct connection to the regional rapid transit systems (AC Transit, Bay Area Rapid Transit (BART) and Water Emergency Transportation Authority (WETA) and downtown Oakland.   
·      Car and Bicycle Share Programs: The TDM Plan includes the provision of a collective system of vehicles and bicycles accessible to employees who use transit and residents who do not have access to a vehicle for business or personal purposes.
·      Parking Management Strategy: In concert with the development standards regulating private parking included in the recently approved Alameda Point Zoning District, the Parking Management Strategy in the TDM Plan outlines a plan for the public supply of parking that is designed to utilize public and private parking spaces efficiently and encourage alternate modes of transportation.  The careful management of parking supply and pricing can be very effective in influencing parking utilization and use of single occupancy vehicles.
·      Support Services: The TDM Plan includes a variety of optional services and incentives that support and encourage the use of programs such as free AC Transit Easy-Passes, carpool matching service, and a guaranteed ride home in the event of emergencies for transit users.
·      Transportation Management Association (TMA). The TMA will oversee the ongoing implementation of the TDM Plan, including compliance strategies prepared by individual employers and resident associations, and is funded by special tax revenue generated annually by Alameda Point property owners.  The TMA Board of Directors is likely to include some combination of representatives of the following organizations: Alameda Point employers, tenant associations, homeowner associations, and developers; City of Alameda staff; the Transportation Commission, and/or regional transit agencies.  In early years before major development has occurred, the services and functions of the TMA may be served by a collaboration of City staff, the first developers, such as APP, transit agencies and key commercial tenants.
·      Annual Monitoring and Reporting. The TDM Plan tasks the TMA with annual monitoring and reporting of TDM Plan performance in meeting the established trip reduction goals.  The monitoring will result in refinements and modifications to the Plan as development occurs. Monitoring will use a combination of survey instruments; traffic counts; utilization surveys of pedestrian, bicycle, and transit facilities and services; and employee and resident surveys. This approach to monitoring and enforcement results in a system of financial awards and penalties because the length of the cycle and the cost associated with introducing and monitoring new programs is an incentive to implement robust TDM strategies and packages of complementary services from the beginning.
Parking at Site A is governed by the Town Center Plan and the Development Plan.   The Town Center Plan establishes the parking requirements for all commercial, residential, institutional or recreational uses proposed at Site A.  As each phase of the development is submitted to the Planning Board for Design Review approval, those plans will be reviewed by staff and the Planning Board for consistency with the Town Center Plan parking regulations.    
The Development Plan identifies the location and amount of additional public parking that will be provided within Site A consistent with the Alameda Point TDM Plan and with the needs for on-street and shared parking to support the public and private uses proposed in the Site A development.  As depicted on Page 31 of the Development Plan, approximately 375 public on street parking spaces and 294 public surface parking lot spaces will be proved in the initial development phases.  As the demand for public parking increases, the surface parking lots are designed to be expanded into parking structures.  
In response to Planning Board comments at the last public workshop the diagonal parking provided on the "naked street" in front of block 11 near the waterfront was converted to parallel parking.  The change reduces the number of spaces slightly, but does improve safety for pedestrians and bicyclists moving through the space.  
Development Agreement
To provide additional certainty for both the community and the development team, staff has prepared a Development Agreement for the proposed project (Exhibit 6).  The Development Agreement is a contract between the City and the project applicant (and any future owner of the property) that outlines certain rights and obligations of the City and the property owner and establishes conditions under which development may occur.  The Development Agreement vests the project approvals for a period of 20 years (with potential extensions) so that the project can be financed and constructed in phases over time with major public benefits constructed in the early phases of the 20-year term.  
The major provisions of the DA include:  
1.      Project Description: Obligations to complete the project consistent with the Development Plan, ENA and DDA, which includes up to 800 housing units and up to 600,000 square feet of commercial uses consistent with the City's Town Center Plan and other planning documents.
2.      Phasing over Time: Allowances to complete the project in phases over 20 years with possible extensions due to paid options to extend, and force majeure (causes of delay due to economic downturns and other factors outside the City's or APP's control) consistent with a phasing plan that outlines the commencement and completion dates for each of the three phases of the Site A development and a map of the boundaries of each phase are attached to the draft DA.
3.      Infrastructure and Amenity Package. Obligations to build the infrastructure included in the City's RFQ (Infrastructure Package).  This includes a neighborhood park/greenway; eight acres of the Seaplane Lagoon waterfront park and promenade; and all new utilities and roads within Site A, and as set forth in the DDA some utilities and roadway improvements for other parts of the base. In negotiations with APP, City staff focused on negotiating upfront infrastructure and amenity construction to ensure transit infrastructure exists on Alameda Point before completion of new development and that major utility infrastructure that serves the entire Alameda Point property (i.e., sewer line extension to northern boundary) that will catalyze additional employment uses in the Adaptive Reuse and Enterprise areas is constructed as well as park amenities that serve the entire community. This upfront construction ensures that the priorities of the community - namely multi-modal transit infrastructure, job creation, and park amenities - are built into the project itself.
Phase 1 infrastructure will include the following improvements from the Infrastructure Package: the crucial RAMP transit and utility corridor between Main Street and the Seaplane Lagoon and the new sewer line extension between Site A and the pump station at the northern boundary of Alameda Point. Both of these infrastructure items have significant benefits for the entire Alameda Point property not just for Site A. Additionally, APP has agreed to contribute funding to amenities at Alameda Point beyond its required Infrastructure Package, including the Ferry Terminal at the Seaplane Lagoon and an initial phase of the Sports Complex. As discussed above, City staff's focus was on maximizing the upfront infrastructure and amenities at Alameda Point with site-wide and community-wide benefits.
4.      Affordable Housing. Obligations to provide 200 affordable housing units (25%) that will be restricted to very low-, low- and moderate-income households.  One hundred twenty-eight (128) of the 200 affordable units will be permanently restricted for very low- and low-income households.  The remaining affordable units will be permanently restricted for moderate-income households.
5.      Vested Rights.  A DA is an enforceable contract between the City and the developer that creates vested rights in the developer with respect to land uses.  In other words, the DA vests Site A's current and future project approvals for the term of the DA.  
6.      Impact Fees.  The DA establishes which capital facilities or impact fees (e.g., sewer connection, construction improvement tax) apply to the development of Site A and freezes the amount of these impact fees with an allowance for inflation.   The Alameda Point Development Impact Fee (DIF) will be satisfied by construction of the Site A infrastructure included in the calculation of the DIF.  APP is also providing 25% affordable housing which is 40% greater than the City's 15% affordable housing requirement and results in a credit toward the Non-Residential Affordable Housing Fee applicable to all commercial development on Site A.
The DA must both be approved by the City Council, but pursuant to AMC section 30-92.5, the Planning Board must hold a public hearing to make findings regarding whether the proposed DA is consistent the City's General Plan and the other regulations prescribed for the use of land.  Staff believes that the draft DA is consistent with the General Plan and the other land use regulations because:  
·      The Development Agreement ensures that the Development Plan for Site A is implemented and completed in appropriate phases over time.
·      The Development Plan is consistent with, and implements, the Town Center Plan for Alameda Point and the Alameda Point Zoning Ordinance.  
·      The Town Center Plan and the Alameda Point Zoning Ordinance are consistent with, and implement, the Alameda Point General Plan Element.
·      For the reasons described in the findings included in the recommended resolution of approval for the Development Plan, adoption of the Development Plan will support the public health, safety, and general welfare of the Alameda community.  
The draft DA is still being finalized, but is provided to the Planning Board and the public to allow adequate time to review and comment on its terms before the May 11th Planning Board hearing.  The Planning Board on May 11, 2015, will decide if the DA is consistent with the General Plan.  If it is determined to be consistent, City staff will recommend approval of the DA to the City Council along with the DDA in late spring.
On February 4, 2014, the City of Alameda certified the Alameda Point FEIR in compliance with the California Environmental Quality Act (CEQA).  The FEIR evaluated the environmental impacts of redevelopment and reuse of the lands at Alameda Point consistent with the Alameda Point Waterfront and Town Center Plan, which included Site A.   Consistent with the February 2014 action, the attached resolution requires that the project proponent comply with, and implement, all the relevant mitigations measures adopted by the City Council in February 2014.
Under Public Resources Code Section 21083.3 and Section 15183 of the CEQA Guidelines, where a project is consistent with the development density established by existing zoning, a community plan, or a general plan for which an EIR was certified, additional environmental review is not required.  The density and land uses of the proposed Site A development are consistent with the Town Center Plan and Alameda Point Zoning District.  As documented in the environmental compliance checklist (Exhibit 7), Site A would not result in significant impacts that: (1) are peculiar to the project or project site; (2) were not already identified as significant effects, cumulative effects, or off-site effects in the FEIR; or (3) were previously identified as significant effects, but are determined to be substantially more severe than discussed in the EIR.  Thus, the streamlining provision of Public Resources Code Section 21083.3 and Section 15183 of the CEQA Guidelines apply and no further environmental review is necessary.
Review and comment on the updated Development Plan, draft TDM Compliance Strategy, and draft Development Agreement for Site A.
Respectfully submitted,
Andrew Thomas, City Planner
Jennifer Ott, Chief Operating Officer - Alameda Point
1.      Draft Development Plan
2.      City Council, Planning Board and Other Community Comments
3.      Draft Resolution and Conditions of Approval
4.      Letters from APP Requesting  Waiver of AMC 30-53
5.      Draft Site A TDM Compliance Strategy
6.      Draft Development Agreement for Site A
7.      Environmental Compliance Checklist for Site A