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, 2018, 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
Date: May 14, 2018
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, 2018, 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 (HBE). The 30-year agreement expires on April 4, 2019.
Development Agreement, DA-89-1, was entered into by the Harbor Bay Entities and the City 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 Development Agreement was intended 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. 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. All the development of the homes and construction of public improvements in Village 5 were completed in prior years, so HBV5 or its successors are not included as reporting parties in this annual report.
Over the years, HBIA has sold or otherwise transferred most of its land in the Harbor Bay Business Park to other owners, and as a result the Harbor Bay Business Park Association that represents all the property owners in the Harbor Bay Business Park has been a reporting party in prior annual reports and in this annual report.
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.
In order to demonstrate HBE’s good faith compliance, the HBE submitted a document entitled “Annual Report on Performance of Obligations under Harbor Bay Development Agreement DA-89-1” (Exhibit 1) pursuant to AMC Section 30-95.1 of the Zoning Ordinance and Section 6 of the Development Agreement.
DISCUSSION
Over the last 29 years of the agreement, HBE and the City of Alameda have worked cooperatively to complete all of the public benefits and commitments established by the Development Agreement. During the last year, HBE and the City continued to take actions to implement and comply with the Agreement.
Highlights of development activity at Harbor Bay during this annual review period include:
Shoreline Park: During the review period, ongoing maintenance of the landscaping and other improvements in Phases III-A and III-B of the Shoreline Park, including repairs to bike and pedestrian paths, was funded 50 percent by the Harbor Bay Business Park Association (HBBPA). Maintenance and repair of landscaping and other improvements has been managed by HBBPA. On July 5, 2016, the City Council approved a Landscape Maintenance and Management contract for LLD 84-2 (Zone 5) for five additional years of maintenance.
During the review period, the City requested transfer of the small open space parcel (“Parcel 4” of Parcel Map 6024) to the City from HBIA to enable completion of the final phase of the Shoreline Park on Harbor Bay Parkway. Discussions are underway.
Alameda Harbor Bay Ferry Terminal: During the review period, the Harbor Bay Business Park Association continued to manage maintenance of landscaping, the parking lot, and public convenience facilities at the Harbor Bay Ferry terminal on behalf of the City. Also during this period, HBBPA continued to contribute to a private maritime subsidy of the San Francisco Ferry service provided by WETA through special assessments collected from the HBBP property owners.
Support of Public Transit: During the review period, HBBPA continued 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. This service is provided free to passengers and is funded out of the assessment dues paid to HBBPA by HBBP property owners.
Compliance with Development Standards for Density, Height and Size: During the review period, all construction within Harbor Bay villages and in the Business Park have been in compliance with permitted density, height and size standards provided in the Development Agreement. There were no development projects undertaken in the HBBP during this period which exceeded the Agreement’s or the City’s development standards.
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.
Conclusion: Staff has reviewed the Development Agreement and HBE’s Annual Report and finds that HBE 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
Adopt draft Resolution (Exhibit 2) declaring that the Harbor Bay Entities has demonstrated good faith compliance with the terms and conditions of Development Agreement, DA-89-1, through April 4, 2018.
Respectfully submitted,
Andrew Thomas, AICP
Assistant Community Development Director
Exhibits:
1. Annual Report dated April 4, 2018
2. Draft Resolution
The following document is provided for review in the Community Development Department, Room 190, during business hours:
1. Harbor Bay Development Agreement (102 Pages)