File #: 2024-3806   
Type: Regular Agenda Item
Body: City Council
On agenda: 3/5/2024
Title: Public Hearing to Consider Introduction of Ordinance Approving a First Amendment to the Rebuilding the Existing Supportive Housing at Alameda Point (RESHAP) Development Agreement to Ensure Consistency between the RESHAP Disposition and Development Agreement, Amended Development Plan, and Development Agreement. The streamlining provision of Public Resources Section 21083.3 and Section 15183 of the California Environmental Quality Act Guidelines apply and no further environmental review is required. (Planning, Building and Transportation 20962710)
Attachments: 1. Exhibit 1: First Amendment to Development Agreement, 2. Exhibit 2: Amended Development Plan, 3. Exhibit 3: Original Development Agreement, 4. Ordinance, 5. Presentation

Title

 

Public Hearing to Consider Introduction of Ordinance Approving a First Amendment to the Rebuilding the Existing Supportive Housing at Alameda Point (RESHAP) Development Agreement to Ensure Consistency between the RESHAP Disposition and Development Agreement, Amended Development Plan, and Development Agreement.

The streamlining provision of Public Resources Section 21083.3 and Section 15183 of the California Environmental Quality Act Guidelines apply and no further environmental review is required. (Planning, Building and Transportation 20962710)

Body

 

To: Honorable Mayor and Members of the City Council

 

From: Jennifer Ott, City Manager

 

EXECUTIVE SUMMARY

 

On May 8, 2023, the Planning Board approved the Rebuilding Existing Supportive Housing at Alameda Point project (RESHAP) Development Plan to construct and manage 309 permanent supportive housing units for extremely low-, very low-, and low-income households on 8.5 acres at the corner of West Midway Avenue and Pan Am Way through a partnership between MidPen Housing Corporation, the Alameda Point Collaborative, Operation Dignity, and Building Futures With Women and Children (the Collaborating Partners). 

 

On July 18, 2023, City Council approved the RESHAP Development Agreement (DA) and Disposition and Development Agreement (DDA) which implement and vest the RESHAP Development Plan. To address requirements under the Surplus Lands Act and the significant need for affordable, supportive housing in Alameda, the DDA for the project includes a provision that the Collaborating Partners will work with the City of Alameda (City) to increase the number of supportive housing units to be developed on the 8.5-acre site. 

 

On December 11, 2023, pursuant to that DDA requirement, the Planning Board approved an amendment to the Development Plan to increase the number of units from 309 to 332.  The Planning Board also recommended that City Council approve a clarifying amendment to the DA to ensure consistency between the documents.

 

Staff is recommending that City Council now adopt an ordinance to amend the RESHAP DA to ensure consistency between the documents. 

 

BACKGROUND

 

The Collaborating Partners provide a unique and critical service for individuals, families, and veterans struggling with homelessness, poverty, mental health, and domestic violence in 70-year-old, leased, former Navy buildings.  Alameda Point Collaborative (APC) provides housing and services for formerly homeless families. APC’s services include job training and job opportunities through environmentally sustainable social enterprise businesses and instructional programs about health, nutrition, and horticulture through Ploughshares Nursery and the APC farm. APC also operates after school academic and life skills programs for children and youth.  Building Futures with Women and Children (BFWC) provides housing and services for women and children escaping family violence and homelessness.  Operation Dignity provides homeless veterans and their families with emergency, transitional, and permanent housing and comprehensive support services, nutritious meals and training needed to live a self-sufficient and stable life.

 

On May 8, 2023, the Planning Board unanimously approved the RESHAP Development Plan for 309 units and recommended that City Council approve the RESHAP DA.  On July 18, 2023, City Council approved the required Surplus Lands Act findings and the RESHAP Development Agreement and Disposition and Development Agreement, with direction to work to increase the number of very low- and low-income units on the RESHAP project site.   

 

On December 11, 2023, the Planning Board approved an amendment to the Development Plan to increase the number of units from 309 to 332, and recommended that City Council approve a clarifying amendment to the DA to ensure consistency between the documents.

 

The City and Developer seek to ensure that the terms of the DA accurately reflect the terms of both the amended Development Plan and the DDA.

 

DISCUSSION

 

After the approval of the RESHAP and West Midway development plans by the Planning Board in May 2023 and before City Council consideration of the DAs and DDAs in July, it became apparent to staff that to comply with certain Surplus Lands Act requirements and to address the significant need for affordable, supportive housing in Alameda, it should be a goal of the joint project to ensure that at least 40% of all the units constructed between the two projects be affordable to very low and low income households. The goal to achieve the 40% threshold was described in the July 2023 City Council staff report, and City Council approved RESHAP DDA included the provision that the parties would work together in good faith to increase the percentage of very low- and low-income units to 40% between the two projects.   

 

On December 11, 2023, the Planning Board approved an amendment to the Development Plan to increase the number of units to 332 total units.  With eight on-site units for staff, the amendment increases the number of affordable units to 324.  The 324 affordable units are dedicated to Very-Low- and Low-Income units at RESHAP, and together with 8 manager units at RESHAP and 478 Market-Rate and Moderate-Income units at the West Midway project, the total unit count for RESHAP and West Midway becomes 810 housing units (the amended Development Plan is attached as Exhibit 2).

 

To ensure consistency between the DA and DDA and avoid any future confusion between documents, several minor, clarifying amendments are recommended to Recital G and Section 2.3 (“Subsequent Approvals”) of the Development Agreement (the First Amendment to the Development Agreement is attached as Exhibit 1).  In addition, the DA amendment replaces the Development Plan (an exhibit to the DA) with the amended Development Plan to reflect the current, amended Development Plan.

 

The amendments to the DA:

 

                     Do not change the number of buildings, the building footprints, planned height of the buildings, the onsite landscaping or circulation plans for the project.  

                     Do increase the number of affordable units permitted on the property, referenced on page 13 of the Development Plan (Exhibit 2), and do increase the density of the project to approximately 39 units per acre, which is a residential density comparable to the residential density of the multifamily apartment and condominium buildings on Shoreline Drive.

                     Do support the City’s 2023-2031 Housing Element.

                     Are consistent with the General Plan, the Main Street Neighborhood Specific Plan development standards, and Alameda Municipal Code Chapter 30 Zoning Regulations for the property.    

 

ALTERNATIVES

 

                     Approve the first reading of the ordinance as recommended by the Planning Board.

                     Modify the text of the amendment and approve the first reading as modified.

                     Decline to approve the first reading and direct staff to negotiate a different change to the DA and associated Development Plan for the RESHAP project. 

 

FINANCIAL IMPACT

 

There is no financial impact from the recommended ordinance to the General Fund.  The change in the number of units does not change the City’s existing obligations to the RESHAP project.

 

MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE

 

On December 11, 2024, the Planning Board unanimously found that the amended project was consistent with the City of Alameda General Plan and Alameda Municipal Code requirements for the property.  This action is subject to the Levine Act.

 

This action is consistent with Strategic Plan priority #HH6 - Support implementation of West Midway and RESHAP developments at Alameda Point.

 

ENVIRONMENTAL REVIEW

 

Pursuant to the streamlining provision of Public Resources Sections 21166 and 21083.3 and Sections 15162 and 15183 of the California Environmental Quality Act (CEQA) Guidelines, no further environmental review is required because the RESHAP project, as amended, is consistent with the development density in an adopted Specific Plan for the area; the environmental impacts of the development of the area consistent with the Specific Plan were considered in the Alameda Point Project FEIR adopted by the City Council on February 4, 2014, in compliance with CEQA; the RESHAP  project is consistent with the development density of, is specifically listed in, and implements the City of Alameda’s Housing Element adopted on November 15, 2022; the  environmental impacts of the Housing Element and the development of the sites included in the Housing sites inventory were considered in the Alameda 2040 General Plan EIR adopted by the City Council on November 30, 2021; and as documented in the project CEQA Checklist, the RESHAP project would not result in new or substantially more severe significant impacts than identified in the APP FEIR or the Alameda 2040 General Plan EIR due to changes in the project, changed circumstances, or new information and there are no new or considerably different feasible mitigation measures or alternatives from those identified in the APP FEIR or the Alameda 2040 General Plan EIR that would substantially reduce one or more significant effects that the project proponent declines to adopt.  Furthermore, the RESHAP project would not result in significant impacts that: (1) are peculiar to the project or project site; (2) were not already identified as significant effects, cumulative effects, or off-site effects in the APP FEIR and the Alameda 2040 General Plan EIR; or (3) were previously identified as significant effects; but are determined to be substantially more severe than discussed in the APP FEIR and the Alameda 2040 General Plan EIR.

 

CLIMATE IMPACT

 

The proposed project is consistent with and helps implement the Bay Area’s Sustainable Communities Strategy, Plan Bay Area and the City’s Climate Action Plan by supporting and facilitating the development of a designated regional Priority Development Area with low income and supportive housing within a transit-oriented development well served by transportation services.  

 

RECOMMENDATION

 

Hold a public hearing and introduce an Ordinance approving amendments to the RESHAP DA to ensure consistency between the RESHAP DDA, amended Development Plan, and DA. 

 

Respectfully submitted,

Allen Tai, Planning Building and Transportation Director

 

By,

Steven Buckley, Planning Services Manager

 

Financial Impact section reviewed,

Margaret O’Brien, Finance Director

 

Exhibits:

1.                     First Amendment to Development Agreement

2.                     Amended Development Plan

3.                     Original Development Agreement dated October 5, 2023