File #: 2022-2166   
Type: Regular Agenda Item
Body: Planning Board
On agenda: 6/27/2022
Title: Boatworks Development Agreement Annual Review - Applicant: Boatworks, LLC. The applicant is requesting a periodic review of the Boatworks Development Agreement. The consideration of an Annual Report is not a project under the California Environmental Quality Act (CEQA). No further environmental review is required.
Attachments: 1. Exhibit 1 Annual Report Letter from Developer, 2. Exhibit 2 Draft Resolution Approving Annual Report

Title

 

Boatworks Development Agreement Annual Review - Applicant: Boatworks, LLC. The applicant is requesting a periodic review of the Boatworks Development Agreement. The consideration of an Annual Report is not a project under the California Environmental Quality Act (CEQA). No further environmental review is required.

 

Body

 

To:                                          Honorable President and

                                          Members of the Planning Board

                     

From:   Andrew Thomas, Planning, Building and Transportation Director

 

EXECUTIVE SUMMARY

 

Alameda Municipal Code (AMC) Section 30-95.1 requires the Planning Board to conduct a public hearing at which the applicant must demonstrate good faith compliance with the terms and conditions of the Boatworks Development Agreement (DA).  Boatworks, LLC (Boatworks or Developer) has submitted a letter demonstrating their good faith compliance with the terms and conditions of the DA.  (Exhibit 1). 

 

Staff is recommending that the Planning Board approve the annual report and find that Boatworks has complied in good faith with the terms and conditions of the DA.  The Development Agreement can be found on the City of Alameda website at:

 

<https://www.alamedaca.gov/Departments/Planning-Building-and-Transportation/Planning-Division/Major-Planning-Projects>

  

BACKGROUND

 

On May 22, 2020, the City of Alameda (City) and Boatworks, LLC entered into a Development Agreement (DA) for the approximately 9.5 acre Boatworks site at the corner of Oak Street and Clement Avenue.  The development of the property has been the subject of eight lawsuits between the property owner and the City, and on March 3, 2020, the City Council approved a Settlement Agreement with Boatworks intended to resolve the pending lawsuits between the parties. 

 

The Settlement Agreement requires new entitlements for the development of the project, which includes a final Development Plan, the Design Review approval for the waterfront park and open spaces, the Density Bonus application, and the Tentative Map.  All of the development entitlements were re-approved in 2020 concurrent with the approval of the Development Agreement.   The Developer is continuing to pursue various approvals required for development of the project, which includes 182 housing units.

 

ANALYSIS

 

Since the Effective Date of the DA in May 2020, the Developer has been working with the City of Alameda Public Works Department to prepare the infrastructure improvement plans, which must be completed before the Final Subdivision Map can be approved by the City Council.  Boatworks has also been working with the San Francisco Bay Conservation and Development Commission (BCDC) to acquire the final development permits for the waterfront improvements.

 

Boatworks, LLC has submitted a letter describing their work over the last year.  (Exhibit 1.)

From staff’s perspective, Boatworks, LLC has complied in good faith with the terms and conditions of the DA for the review period January 2021 through December 2021.

 

ENVIRONMENTAL REVIEW

 

Periodic reviews of a Development Agreement are exempt from the California Environmental Quality Act.

 

RECOMMENDATION

 

Approve the draft resolution (Exhibit 2) finding that the Developer has demonstrated good faith compliance with the terms and conditions of the Development Agreement.  

 

Respectfully submitted,

 

Andrew Thomas

Planning, Building and Transportation Director

 

Exhibits:

1.                     Annual Report Letter from Developer

2.                     Draft Resolution Approving Annual Report