Title
Annual Review: Alameda Point Site A Development Agreement - Applicant: Alameda Point Partners, LLC (APP). Approve a Resolution Finding that APP has Demonstrated Good Faith Compliance with the Terms and Conditions of the Alameda Point Site A Development Agreement through August 30, 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
Re: Annual Review: Alameda Point Site A Development Agreement - Applicant: Alameda Point Partners, LLC (APP). Approve a Resolution Finding that APP has Demonstrated Good Faith Compliance with the Terms and Conditions of the Alameda Point Site A Development Agreement through August 30, 2016, based on the Findings contained in the Draft Resolution. This Compliance Review is not a project under CEQA.
BACKGROUND
On August 31, 2015, the City of Alameda and Alameda Point Partners (APP) ("Developer") entered 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 Agreement. In order to demonstrate good faith compliance, the applicant has submitted a Developer Letter of Compliance (Exhibit 1) for the annual review.
ANALYSIS
The Developer has been working with its design team to complete the construction drawings and improvement plans for the site and anticipates commencement of improvements on the site in 2017, with vertical building construction beginning in late 2017. The Developer met regularly with City staff during this review period to ensure compliance with the Development Agreement and successful implementation of the project. Exhibit 1 summarizes actions taken by the Developer and the City during the first year of the Development Agreement. Those activities are briefly summarized below:
Phase Zero (0): Phase 0 activities launched in October 2015, and have continued through the first year of the project. Over 11,000 visitors attended 15 events held throughout the year. Events included community-oriented programming such as a nature walkand coastal cleanup, as well as larger-scale productions such as Whimsy and The Soiled Dove, which were designed to attract regional audiences. Phase 0 activities will have a new home base with the opening of the Container Village on the taxiway, which will feature a café and beer garden. The Year 2 activity schedule isplanned for City Council review in November. It will outline the continuation and regular programming of the Seaplane Lagoon area, and the return of the Vau de Vire tent with The Soiled Dove.
Parks and Open Space Design: Phase I of the Site A development includes three public open space areas: the Waterfront Park, the Block 10 Urban Park and the Neighborhood Park. Both the Phase I Waterfront Park and the Block 10 Urban Park received Design Review approval from the Planning Board. The Recreation and Parks Commission and the Planning Board will review the Neighborhood Park design in October 2016. Improvement plans for the two public parks are currently under review by City staff.
Building Design: Since approval of the Site A Development Plan in June 2015, APP has focused on vertical design for Blocks 6, 7, 8, 9, 10 and 11. This design process has included City staff, including the Department of Public Works, the Planning Board, the Historical Advisory Board, and the Recreation and Parks Commission. The Planning Board has approved the Design Review applications for all the blocks in Phase 1, with the exception of Block 9, which is still under review.
Affordable Housing: Two hundred (200) of the residential units (25%) at Site A are required to be affordable units. One hundred thirty (130) affordable units will be provided in two buildings on Block 8: a family building with 70 units, and a senior building with 60 units. The moderate-income units will be distributed among the market-rate units in the other buildings. In March 2016, APP assigned the Affordable Housing Implementation Plan to Eden Housing, thereby designating Eden Housing as the Qualified Affordable Housing Developer for Site A. APP and Eden Housing have applied for $23.7M through two project applications to fund the development of Block 8’s family and senior buildings. The AHSC applications also included a funding request for eligible portions of Site A’s sustainable infrastructure such as bike paths, sidewalks and Bus Rapid Transit (BRT) infrastructure. In addition, Eden Housing secured “Difficult to Develop Area” status by applying for tax-exempt bonds in June of 2016. Eden Housing will apply for 4% non-competitive tax credits in 2017, and expects to receive the tax credit reservation simultaneous to tax-exempt bonds being allocated.
Infrastructure Design: Since approval of the Site A Development Plan in June 2015, APP has worked diligently on Phase I horizontal design, including infrastructure, utility and public park development. During the first year, the Planning Board approve the tentative map, the West Atlantic Design Review application and the street names for all the side streets at Site A. The design process has included City staff, including the Department of Public Works, the Historical Advisory Board, the Recreation and Parks Commission, the Planning Board, AC Transit, the Bay Conservation and Development Commission (“BCDC”), the Regional Water Quality Control Board, and various utility providers, among others. During July and August 2016, the Developer submitted improvement plans to the City, including Backbone Infrastructure Improvement Plans, as well as plans for the Sewer Pump Station, Off-site Wastewater Trunkline, Storm Drain Outfall, Bulkhead & Ground Improvement, and the Shared Plaza. The City provided comments on the Backbone Infrastructure Improvement Plans in August. Upon approval of the Backbone Infrastructure Improvement Plans, the Developer will enter into a Public Improvement Agreement with the City prior to land conveyance. Demolition and Grading permit applications have been submitted and are currently under review by the City.
Transportation Demand Management (TDM) Plan: Per the Disposition and Development Agreement (DDA), the project is required to join a Transportation Management Association (TMA) and implement much of its Transportation Demand Management (TDM) Program prior to receiving an occupancy permit for the first building. Measures to be implemented ‘Day One’ include a weekday, peak-period shuttle service from the project site to 12th Street BART at 15-minute headways, providing AC Transit EasyPasses to all project residents and employees, and a Parking Pricing program. Since approval of the Site A development agreement in June 2015, the Developer has been working with the City of Alameda and fellow developers to form an umbrella TMA encompassing multiple projects across the City. This work has included the negotiation of bylaws, which are currently up for approval with the West Alameda TMA. As part of membership in the TMA, the project will be required to pay an annual per unit and per square foot assessment.
Ferry Terminal: DDA section 5.2 (b) requires that APP “cooperate with the City in the construction of a permitted and operating ferry terminal at Seaplane Lagoon including any necessary parking improvements.” APP is obligated to pay $10M towards the costs incurred for the permitting, design and construction of the Seaplane Lagoon Ferry Terminal. The City of Alameda, aided by APP, is pursuing funds from multiple additional funding sources to supplement the ~$26M already committed. On April 5, 2016, the City Council approved the Ferry Terminal Plan, including conceptual design, cost estimates and CEQA compliance. The Council also approved a Memorandum of Understanding (MOU) between the City of Alameda and the Water Emergency Transit Authority (WETA), which provides a framework for the collaboration on funding, developing and operating ferry service from Seaplane Lagoon by no later than Fiscal Year 2020. The MOU was approved by City Council on April 5, 2016, and the WETA Board of Directors approved the MOU on April 7, 2016. The Concept Design for waterside and landside improvements was reviewed by the Planning Board on May 9, 2016. Additionally, the BCDC Design Review Board completed Design Review for the Seaplane Lagoon on June 7, 2016. The Regional Water Quality Control Board and US Army Corps of Engineers permit applications were submitted in June 2016.
Conclusion: During the review period, there has been on-going cooperation between the Developer and the City regarding all applicable aspects of the Site A project. Staff believes that the Developer has performed in good faith compliance with the terms and conditions of the Site A Development Agreement.
ENVIRONMENTAL REVIEW
Annual review and reporting is exempt from the California Environmental Quality Act.
RECOMMENDATION
Approve the draft resolution (Exhibit 2) declaring that the Developer, APP, has demonstrated good faith compliance with the terms and conditions of the Alameda Point Site A Development Agreement.
Respectfully submitted,
Andrew Thomas
Assistant Community Development Director
Exhibits:
1. APP Letter dated September 27, 2016
2. Draft Planning Board Resolution