Title
Approve a Resolution Finding that the Harbor Bay Entities have Demonstrated Good Faith Compliance with the Terms and Conditions of Development Agreement, DA-89-1, through April 4, 2015, Based on the Findings Contained in the Draft Resolution. This Compliance Review is not a project under CEQA.
Body
CITY OF ALAMEDA
Memorandum
To: Honorable President and
Members of the Planning Board
From: Andrew Thomas
City Planner
Date: April 27, 2015
Re: Approve a Resolution Finding that the Harbor Bay Entities have Demonstrated Good Faith Compliance with the Terms and Conditions of Development Agreement, DA-89-1, through April 4, 2015, Based on the Findings Contained in the Draft Resolution. This Compliance Review is not a project under CEQA.
BACKGROUND
On April 4, 1989, the City of Alameda entered into a Development Agreement, DA-89-1, with Harbor Bay Village Four Associates (HBV4), Harbor Bay Village Five Associates (HBV5) and Harbor Bay Isle Associates (HBIA), hereinafter referred to as the Harbor Bay Entities. The Development Agreement was intended, in part, to clarify and implement the requirements and satisfy the conditions of the Settlement Agreement between the City and HBIA, dated December 5, 1977, and the Settlement Agreement between the City and HBIA, HBV4 and HBV5, dated November 3, 1988.
Development Agreement, DA-89-1, was entered into by the Harbor Bay Entities and the City in an effort to resolve issues relating to the responsibility for provision of public facilities by the applicants, including a fire station and interior public school site; the completion, improvement, and maintenance of public open space for the Harbor Bay project; and to provide a funding source for a portion of the costs of certain infrastructure, including major arterial roads for the Harbor Bay project. The document also confirms certain standards for the development of Residential Village 5 and the Harbor Bay Business Park. HBV4 completed all of its development in prior years, so HBV4 is not included as a reporting party in this annual report.
On October 31, 1994, HBV5's interests in Tracts 6118 (Bay Colony), and 6147 (Freeport), 6198 (Cantamar) and 6111 (Columbia) were transferred to Greystone Homes, Inc. On April 15, 1996, Tract 6226 (The Headlands) was transferred to Shea Homes. HBV5's rights and obligations under the Development Agreement for these tracts were assigned to Greystone Homes, Inc. and Shea Homes. HBV5 has fulfilled its obligations.
Alameda Municipal Code Section 30-95.1 authorizes the Planning Board to conduct an. annual public hearing at which the applicant must demonstrate good faith compliance with the terms and conditions of the Agreement. If this finding can be made, then the review for that period is concluded. Should the Planning Board find the applicant not to be in compliance, then the Board shall forward its recommendations to the City Council, which may then modify or terminate the Agreement. A draft resolution is attached as Exhibit 1.
In order to demonstrate good faith compliance, the applicant has submitted a document entitled "Annual Report on Performance of Obligations under Harbor Bay Development Agreement DA-89-1" (Exhibit 2), for the annual review as required under Section 30-95.1 of the Zoning Ordinance and Section 6 of the Development Agreement.
DISCUSSION
The Annual Report on Harbor Development Agreement DA-89-1, prepared by Daniel F. Reidy, attorney for the Harbor Bay Entities, presents status reports on those sections of the agreement that require action by a party during the year under review. A number of requirements in the Development Agreement have already been satisfied in prior years. Please refer to the applicant's report that summarizes these requirements and the specific actions that have been taken to comply with the Agreement.
Highlights of development activity at Harbor Bay this review period include:
Shoreline Park: An area of 345 lineal feet in Phase III-B of the Shoreline Park contains a temporary bicycle path, a pedestrian path, and landscaping which will be replaced with permanent improvements in conjunction with development of the adjacent Shoreline Parcel, as provided for in the Development Agreement and in the relevant BCDC Agreements and approvals. Funds have been reserved in the Harbor Bay Business Park Assessment District 92-1 to complete the permanent landscaping and public access improvements along the Shoreline Park and the edge of Harbor Bay Parkway in conjunction with the development of the privately owned Shoreline Parcel. The property owner of the Shoreline Parcel has applied to the City for development of a hotel on the site. City staff and the Planning Board have been reviewing and processing a Final Development Plan and Design Review application for the proposed hotel development and related improvements, including the competition of the permanent landscaping and public access improvements in the adjacent Shoreline Park.
Business Park: No new buildings were constructed on parcels in the Business Park or elsewhere within Harbor Bay Isle subject to the Development Agreement. City staff and the Planning Board have been cooperative with the Harbor Bay Property Owners and HBIA in processing applications for proposed new buildings on properties in the Harbor Bay Business Park, for renovations of older buildings in the Business Park, and for new or revised signage for existing buildings and campuses in the Business Park.
Ferry and Bus Services: During this year under review, representatives of HBIA and the City's Public Works Department agreed that $500,000.00 from the Traffic Improvement Fund (TIF) would be contributed to the San Francisco Ferry Service, operated by WETA, in and out of the Harbor Bay Ferry Terminal, for an operating subsidy. The Harbor Bay Business Park Association continues to operate its BART shuttle program that provides bus service connecting the Business Park with BART stations and the Harbor Bay Ferry Terminal during morning and afternoon commute hours. The service is free to passengers and is funded out of the assessment dues paid by property owners of the Business Park as part of the traffic mitigation for the business park development.
Staff has reviewed the Annual Report and found it to be complete. Staff finds that the applicant has demonstrated a good-faith effort to comply with the terms and conditions of the Development Agreement during the review period.
ENVIRONMENTAL REVIEW
This compliance review is not a project under the California Environmental Quality Act.
RECOMMENDATION
Declare that the Harbor Bay Entities have demonstrated good faith compliance with the terms and conditions of Development Agreement, DA-89-1, through April 4, 2015, based on the findings contained in the draft Resolution.
Respectfully submitted,
Andrew Thomas, AICP
City Planner
Exhibits:
1. Draft Resolution
2. Annual Report on the Harbor Bay Development
The following document is provided for review in the Community Development Department, Room 190, during business hours:
1. Harbor Bay Development Agreement (102 Pages)