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, 2016, Based on the Findings Contained in the Draft Resolution. This Compliance Review is not a project under CEQA.
Body
To: Honorable President and
Members of the Planning Board
From: Andrew Thomas
Assistant Community Development Director
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: Dedication of portions of the Shoreline Park to the City and completion of public access improvements were substantially completed in prior years. 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 Bay Conservation and Development Commission (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.
During the current review period, the property owner of the Shoreline Parcel received Development Plan and Design Review approval from the City for development of a hotel on the site including the completion of the permanent landscaping and public access improvements in the adjacent Shoreline Park. The property owner has been working with BCDC to obtain approvals for public access improvements as part of the hotel site.
Alameda Harbor Bay Ferry Terminal: During the review period, the Harbor Bay Business Park Association (HBBPA) continued to maintain the landscaping, parking lot, and public convenience facilities at the Harbor Bay Ferry terminal on behalf of the City. The HBBPA continued to contribute funding to the San Francisco Ferry Service, operated by WETA, in and out of the Harbor Bay Ferry Terminal.
Support of Public Transit: The HBBPA 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. Also during this period, $500,000.00 was contributed from the Traffic Improvement Fund (TIF) to subsidize operations of the San Francisco Ferry Service, operated by WETA.
Compliance with Development Standards for Density, Height and Size: During the review period, construction started on a new building for McGuire and Hestr’s company headquarters within the Esplanade area. This project is in compliance with permitted density, height and size standards. There were no development projects undertaken during this period which exceeded the City’s development standards.
Cooperation in Securing Government Permits: During the review period, the Harbor Bay Property Owners and HBIA have cooperated with City staff and the Planning Board in processing applications for proposed new buildings and renovation of older buildings within the Harbor Bay Business Park.
Annual Review: During the review period, HBIA and the Harbor Bay Business Park Association jointly filed an Annual Report for the prior year ending April 4, 2015. The Planning Board reviewed and approved the Annual Review on April 27, 2015.
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, 2016, based on the findings contained in the draft Resolution.
Respectfully submitted,
Andrew Thomas, AICP
Assistant Community Development Director
Exhibits:
1. Draft Resolution
2. Letter from Daniel Reidy, dated April 4, 2016 with attached 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)