Ordinance 3128 - Without ExhibitsCITY OF ALAMEDA ORDINANCE NO. 3128
New Series
APPROVING DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF ALAMEDA AND ALAMEDA POINT PARTNERS, LLC
REGARDING 68 ACRES AT ALAMEDA POINT REFFERED TO AS
THE ALAMEDA POINT SITE A PROJECT
WHEREAS, in order to strengthen the public planning process, encourage
private participation in comprehensive planning and reduce the economic costs and risk
of development, the Legislature of the State of California enacted Section 65864 et seq.
of the Government Code (the "Development Agreement Legislation") which authorizes a
City and a developer having a legal or equitable interest in real property to enter into a
binding, long-term development agreement, establishing certain development rights in
the property; and
WHEREAS, pursuant to Government Code Section 65864, the City has adopted
rules and regulations establishing procedures and requirements for consideration of
development agreements, which procedures and requirements are contained in
Alameda Municipal Code Chapter XXX, Article VII, Code Sections 30-91 thru 30-95 (the
"City Development Agreement Regulations"); and
WHEREAS, the City and Alameda Point Partners, LLC, a Delaware limited
liability company ("the Developer") have entered into a Disposition and Development
Agreement dated July 8, 2015 approved by the City Council by Ordinance No. 3127 (the
"DDA"), whereby the Developer intends to acquire from the City a 68-acre portion of the
former Naval Air Station Alameda ("NAS Alameda") (the "Property"); and
WHEREAS, in accordance with the Development Agreement Legislation and the
City Development Agreement Regulations, the Developer filed an application requesting
the approval of a development agreement for the Property. A draft of the proposed
development agreement was prepared and submitted, attached hereto; and
WHEREAS, the City is desirous of advancing the socioeconomic interests of City
and its residents by promoting the productive use of the former NAS Alameda
consistent with the NAS Alameda Community Reuse Plan (the "Reuse Plan") adopted
by the Alameda Reuse and Redevelopment Authority in 1996 and subsequently
amended in 1997, and by encouraging quality development and economic growth,
thereby enhancing employment opportunities for residents and expanding City's
property tax base; and
WHEREAS, the Project, as more fully described in the Development Plan, which
was approved by the Planning Board on May 11, 2015, and approved by the City
Council on June 16, 2015, and subject to the Development Agreement, includes the
following components:
a. Approximately 800 residential units, of which 25% will be affordable units
as more specifically defined in the DDA;
b. Up to 600,000 square feet of permitted and conditionally permitted non-
residential uses (including but not limited to, retail, commercial, civic and other
commercial space) and, which may include the adaptive reuse of some of the existing
structures on the Property;
c. New and /or upgraded public utilities, including water distribution system,
wastewater collection system, recycled water storage and distribution system, storm
water collection and Stormwater Management Control System and other improvements
as more particularly described in the Infrastructure Package attached to the DDA;
d. Approximately 15 acres of parks and open space;
e. New and /or upgraded streets and public ways as more particularly
described in the Infrastructure Package;
f. Bicycle, transit, and pedestrian facilities as more particularly described in
the Infrastructure Package; and
g. Such additional improvements and contributions set forth in the
Infrastructure Package and required under the DDA, including obligations related to the
Major Alameda Point Amenities; and
WHEREAS, the development of the Property in accordance with this proposed
Development Agreement will accrue clear public benefits to the public that are in
addition to those dedications, conditions and exactions required by existing City
ordinances, regulations or policies, and which advance the planning objectives of the
City and include the following "Public Benefits:" the construction of significant amounts
of new affordable housing, increased public access and open space, transportation
improvements, extensive infrastructure improvements that serve not only the Project,
but also deliver the necessary gateway infrastructure to the job - producing center that
will be occurring south of Ralph Appezzato Memorial Parkway, new recreational and
retail opportunities, new jobs and monetary assistance to help facilitate construction of
an initial phase of the Sports Complex and the Ferry Terminal; and
WHEREAS, the development of the Project will be required to comply with the
Transportation Demand Management Plan for Alameda Point ( "TDM Plan "), the Reuse
Plan, General Plan amendments, Zoning Ordinance amendments, including the
creation of the Alameda Point District (Alameda Municipal Code 30- 4.24), and a Master
Infrastructure Plan ( "MIP "), Town Center Plan, (collectively, the "Planning Documents ");
and
WHEREAS, after hearing all qualified and interested persons and receiving and
considering all relevant evidence, the City Council finds and determines as follows:
a. The notice of the public hearing was given for the time and in the manner as
prescribed by law.
b. As proposed, the DA will not be detrimental to the health, safety and general
welfare and is consistent with the objectives, policies, general land uses, and
programs specified in the Reuse Plan, the General Plan, the Town Center
Plan and the Alameda Point Zoning Ordinance and will promote the
redevelopment and revitalization of the Property.
c. The DA is consistent with the General Plan and the other land use regulations
because it ensures that the Development Plan for Site A is implemented and
completed in appropriate phases over time; and
WHEREAS, the terms and conditions of this Development Agreement have
undergone extensive review by the City, the Developer and their respective legal
counsel. On May 11, 2015, the Planning Board adopted Resolution No. PB-15-10 and
at a publicly noticed meeting found the Development Agreement to be in conformance
with the General Plan, the Development Agreement Legislation, and the City
Development Agreement Regulations; and
WHEREAS, the City Council finds that the economic interests of the City's
residents and the public health, safety and welfare will be best served by entering into
this Development Agreement; and
WHEREAS, by Resolution No. 14891 the City Council previously certified the
Final Alameda Point Environmental Impact Report (FEIR) (State Clearinghouse No.
201312043) under the California Environmental Quality Act ("CEQA"), California Public
Resources Code Section 21000 et seq. and adopted written findings and a Mitigation
Monitoring and Reporting Program ("MMRP") on February 4, 2014, for the Alameda
Point Project, including the Town Center Plan which contains the project site; and
WHEREAS, the City Council having certified the FEIR for the Alameda Point
Project and the Town Center Plan containing the project site, staff has prepared an
Environmental Checklist for Streamlined Review, which documents the application of
the criteria for streamlining in Public Resources Code Section 21083.3 and CEQA
Guidelines Section 15183 and concludes, based on substantial evidence, that no further
review under CEQA is required; and
WHEREAS, the City and Developer for reasons cited herein have determined
that the Project is a transit-oriented destination development for which this Development
Agreement is appropriate. This Development Agreement will eliminate uncertainty
regarding Project Approvals for the 20-year term thereby encouraging planning for,
investment in and commitment to use and development of the Property; and
WHEREAS, continued use and development of the Property in accordance with
this Development Agreement is anticipated to, in turn, provide substantial benefits and
contribute to the provision of needed infrastructure for area growth, thereby achieving
the goals and purposes for which the Development Agreement Statute was enacted;
and
WHEREAS, on April 27 and May 11, 2015, the Alameda Planning Board
conducted a public hearing on this Development Agreement in accordance with
Government Code section 65867 and the City Development Agreement Regulations;
and
WHEREAS, on June 16, 2015, the City Council conducted a public hearing on
this Development Agreement in accordance with Government Code section 65867 and
the City Development Agreement Regulations.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of
Alameda that:
Section 1.
In accordance with the City Development Agreement Regulations, Development
Agreement, attached as Exhibit A, is hereby adopted and the City Manager is
authorized to sign it on or after the effective date of this Ordinance.
Section 2.
If any portion, section, subsection, paragraph, subparagraph, sentence, clause, phrase
or application of this Ordinance is held invalid or inapplicable by a final judgment of a
court of competent jurisdiction, such decision shall not affect the validity or applicability
of any other part of this Ordinance.
Section 3.
This Ordinance shall be in full force and effect from and after the expiration of thirty (30)
days from the date of its final passage.
-,1-Atf4AdiQpia,4-Y,
Mayor of the City of Alameda
Attest:
_..�' (r A
Lara Weisiger, City fjlerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda on the 7th day of
July, 2015, by the following vote to wit:
AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese,
Oddie and Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 8th day of July, 2015.
Lara Weisiger, ty Clerk
City of Alamed
APPROVED AS TO FORM:
Jan . Kern, City Attorney
City of Alameda