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File #: 2015-1811   
Type: Consent Calendar Item
Body: City Council
On agenda: 7/7/2015
Title: Final Passage of Ordinance Approving a Development Agreement between the City of Alameda and Alameda Point Partners, LLC (APP) for the Site A Development at Alameda Point. (Base Reuse 819099) [NOTE: THE DEVELOPMENT AGREEMENT IS LENGTHY; HARDCOPY MAY BE VIEWED AT THE CITY CLERK'S OFFICE AND LIBRARY REFERENCE DESKS]
Attachments: 1. Ordinance Exhibit A - Development Agreement
Title
 
Final Passage of Ordinance Approving a Development Agreement between the City of Alameda and Alameda Point Partners, LLC (APP) for the Site A Development at Alameda Point.  (Base Reuse 819099)  
 
[NOTE: THE DEVELOPMENT AGREEMENT IS LENGTHY; HARDCOPY MAY BE VIEWED AT THE CITY CLERK'S OFFICE AND LIBRARY REFERENCE DESKS]
 
Body
 
CITY OF ALAMEDA ORDINANCE NO. ________
New Series
APPROVING DEVELOPMENT AGREEMENT DA-_____ BY AND BETWEEN THE CITY OF ALAMEDA AND ALAMEDA POINT PARTNERS, LLC REGARDING 68 ACRES AT ALAMEDA POINT REFERRED TO AS THE ALAMEDA POINT SITE A PROJECT
 
WHEREAS, in order to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs and risk of development, the Legislature of the State of California enacted Section 65864 et seq. of the Government Code (the "Development Agreement Legislation") which authorizes a City and a developer having a legal or equitable interest in real property to enter into a binding, long-term development agreement, establishing certain development rights in the property; and
WHEREAS, pursuant to Government Code Section 65864, the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements, which procedures and requirements are contained in Alameda Municipal Code Chapter XXX, Article VII, Code Sections 30-91 thru 30-95 (the "City Development Agreement Regulations"); and
WHEREAS, the City and Alameda Point Partners, LLC, a Delaware limited liability company ("the Developer") have entered into a Disposition and Development Agreement dated _____________, 2015 approved by the City Council by Ordinance No. _____ (the "DDA"), whereby the Developer intends to acquire from the City a 68-acre portion of the former Naval Air Station Alameda ("NAS Alameda") (the "Property"); and
WHEREAS, in accordance with the Development Agreement Legislation and the City Development Agreement Regulations, the Developer filed an application requesting the approval of a development agreement for the Property.  A draft of the proposed development agreement was prepared and submitted as DA-_____, attached hereto; and
WHEREAS, the City is desirous of advancing the socioeconomic interests of City and its residents by promoting the productive use of the former NAS Alameda consistent with the NAS Alameda Community Reuse Plan (the "Reuse Plan") adopted by the Alameda Reuse and Redevelopment Authority in 1996 and subsequently amended in 1997, and by encouraging quality development and economic growth, thereby enhancing employment opportunities for residents and expanding City's property tax base; and
WHEREAS, the Project, as more fully described in the Development Plan, which was approved by the Planning Board on May 11, 2015, and approved by the City Council on June 16, 2015, and subject to the Development Agreement, includes the following components:
a.      Approximately 800 residential units, of which 25% will be affordable units as more specifically defined in the DDA;
b.      Up to 600,000 square feet of permitted and conditionally permitted non-residential uses (including but not limited to, retail, commercial, civic and other commercial space) and, which may include the adaptive reuse of some of the existing structures on the Property;
c.      New and/or upgraded public utilities, including water distribution system, wastewater collection system, recycled water storage and distribution system, storm water collection and Stormwater Management Control System and other improvements as more particularly described in the Infrastructure Package attached to the DDA;
d.      Approximately 15 acres of parks and open space;
e.      New and/or upgraded streets and public ways as more particularly described in the Infrastructure Package;
f.      Bicycle, transit, and pedestrian facilities as more particularly described in the Infrastructure Package; and
g.      Such additional improvements and contributions set forth in the Infrastructure Package and required under the DDA, including obligations related to the Major Alameda Point Amenities; and
WHEREAS, the development of the Property in accordance with this proposed Development Agreement will accrue clear public benefits to the public that are in addition to those dedications, conditions and exactions required by existing City ordinances, regulations or policies, and which advance the planning objectives of the City and include the following "Public Benefits:" the construction of significant amounts of new affordable housing, increased public access and open space, transportation improvements, extensive infrastructure improvements that serve not only the Project, but also deliver the necessary gateway infrastructure to the job-producing center that will be occurring south of Ralph Appezzato Memorial Parkway, new recreational and retail opportunities, new jobs and monetary assistance to help facilitate construction of an initial phase of the Sports Complex and the Ferry Terminal; and    
WHEREAS, the development of the Project will be required to comply with the Transportation Demand Management Plan for Alameda Point ("TDM Plan"), the Reuse Plan, General Plan amendments, Zoning Ordinance amendments, including the creation of the Alameda Point District (Alameda Municipal Code 30-4.24), and a Master Infrastructure Plan ("MIP"), Town Center Plan, (collectively, the "Planning Documents"); and
WHEREAS, after hearing all qualified and interested persons and receiving and considering all relevant evidence, the City Council finds and determines as follows:
a.      The notice of the public hearing was given for the time and in the manner as prescribed by law.
 
b.      As proposed, the DA will not be detrimental to the health, safety and general welfare and is consistent with the objectives, policies, general land uses, and programs specified in the Reuse Plan, the General Plan, the Town Center Plan and the Alameda Point Zoning Ordinance and will promote the redevelopment and revitalization of the Property.
 
c.      The DA is consistent with the General Plan and the other land use regulations because it ensures that the Development Plan for Site A is implemented and completed in appropriate phases over time; and  
WHEREAS, the terms and conditions of this Development Agreement have undergone extensive review by the City, the Developer and their respective legal counsel.  On May 11, 2015, the Planning Board adopted Resolution No. PB-15-10 and at a publicly noticed meeting found the Development Agreement to be in conformance with the General Plan, the Development Agreement Legislation, and the City Development Agreement Regulations; and
WHEREAS, the City Council finds that the economic interests of the City's residents and the public health, safety and welfare will be best served by entering into this Development Agreement; and
WHEREAS, by Resolution No. 14891 the City Council previously certified the Final Alameda Point Environmental Impact Report (FEIR) (State Clearinghouse No. 201312043) under the California Environmental Quality Act ("CEQA"), California Public Resources Code Section 21000 et seq. and adopted written findings and a Mitigation Monitoring and Reporting Program ("MMRP") on February 4, 2014, for the Alameda Point Project, including the Town Center Plan which contains the project site; and
WHEREAS, the City Council having certified the FEIR for the Alameda Point Project and the Town Center Plan containing the project site, staff has prepared an Environmental Checklist for Streamlined Review, which documents the application of the criteria for streamlining in Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 and concludes, based on substantial evidence, that no further review under CEQA is required; and
WHEREAS, the City and Developer for reasons cited herein have determined that the Project is a transit-oriented destination development for which this Development Agreement is appropriate.  This Development Agreement will eliminate uncertainty regarding Project Approvals for the 20-year term thereby encouraging planning for, investment in and commitment to use and development of the Property; and  
WHEREAS, continued use and development of the Property in accordance with this Development Agreement is anticipated to, in turn, provide substantial benefits and contribute to the provision of needed infrastructure for area growth, thereby achieving the goals and purposes for which the Development Agreement Statute was enacted; and
WHEREAS, on April 27 and May 11, 2015, the Alameda Planning Board conducted a public hearing on this Development Agreement in accordance with Government Code section 65867 and the City Development Agreement Regulations; and
WHEREAS, on June 16, 2015, the City Council conducted a public hearing on this Development Agreement in accordance with Government Code section 65867 and the City Development Agreement Regulations.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda that:
 
Section 1.  
In accordance with the City Development Agreement Regulations, Development Agreement DA-_____, attached as Exhibit A, is hereby adopted and the City Manager is authorized to sign it on or after the effective date of this Ordinance.
Section 2.
If any portion, section, subsection, paragraph, subparagraph, sentence, clause, phrase or application of this Ordinance is held invalid or inapplicable by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity or applicability of any other part of this Ordinance.  
Section 3.
This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage.
 
                                          _________________________
                                          Mayor of the City of Alameda
Attest:
_____________________
Lara Weisiger, City Clerk
* * * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda on the 7th day of July, 2015, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 8th day of July, 2015.
 
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
______________________
Janet C. Kern, City Attorney
City of Alameda
 
THE DEVELOPMENT AGREEMENT IS ATTACHED TO THIS AGENDA ITEM AS A PDF DOCUMENT