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File #: 2018-5611   
Type: Consent Calendar Item
Body: Planning Board
On agenda: 5/29/2018
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 from August 16, 2016 through April 15, 2018, based on the Findings contained in the Draft Resolution. This Compliance Review is not a project under CEQA
Attachments: 1. Exhibit 1 APP Letter dated September 27, 2016, 2. Exhibit 2 Draft Planning Board Resolution

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 from August 16, 2016 through April 15, 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

                  

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 from August 31, 2016 through April 15, 2018, 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 into 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.

 

On October 24, 2016, the Planning Board approved a resolution finding APP in compliance with the Development Agreement for the period from August 31, 2015 through August 30, 2016.  The current review is for the period August 31, 2016 through April 15, 2018.

 

ANALYSIS

 

During the review period, the Developer has been working with its design team to complete the construction drawings and improvement plans for the first phase of the approved development.  Demolition and site preparation work began during the review period. 

 

During the review period, the Developer met regularly with City staff to ensure compliance with the Development Agreement and successful implementation of the project. Exhibit 1 outlines actions taken by the Developer and the City during the period under review.

 

Those activities are briefly summarized below: 

 

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.  All three parks have received Design Review approval from the Planning Board and Recreation and Parks Commission.

 

Building Design: Since approval of the Site A Development Plan in June 2015, APP has focused on vertical design for the first phase of the development which includes 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. During the review period, APP and the Planning Board completed the Design Review approvals for all six blocks in Phase I of the project.

 

Affordable Housing: Two hundred (200) of the residential units (25%) at Site A are required to be affordable units. One hundred and 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.  Eden Housing plans to begin construction of the 130 very low- and low-income units in 2018.

 

Infrastructure Design: Since approval of the Site A Development Plan in June 2015, APP has worked diligently on Phase I horizontal design, including infrastructure, and utility and public park development. Since 2015, APP and the Planning Board have completed the approvals necessary for 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 the review period, APP began site preparation and demolition work in preparation for infrastructure improvements. 

 

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 by 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.  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 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 Certificate of Approval for the waterside improvements was approved by the Historical Advisory Board on May 3, 2018.  The Planning Board approved the Design Review for the waterside improvements on May 14, 2018.

 

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 not a project under the California Environmental Quality Act. No further environmental review is required under CEQA Guidelines section 15378 and Public Resources Code section 21065.

 

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 May 9, 2018

2.                     Draft Planning Board Resolution