Ordinance 3313WHEREAS, the terms and conditions of this Development Agreement have undergone
extensive review by the City, the Developer and their respective legal counsel; and
WHEREAS, the City Planning Board and the City Council at publicly noticed meetings
found the Development Agreement to be in conformance with the City General Plan, the
Development Agreement Legislation, and the City Development Agreement Regulations; and
WHEREAS, on May 24, 2021, the Planning Board conducted a public hearing on this
Development Agreement in accordance with Government Code section 65867 and the City
Development Agreement Regulations and recommended that the City Council approve the
Development Agreement; and
WHEREAS, on January 18, 2022, the City Council conducted a public hearing on this
Development Agreement in accordance with Government Code section 65867 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, the Developer proposes to develop the Property into a transit-oriented
destination, comprised of residential mixed use with up to 589 housing units and up to 50,000
square feet of commercial space, consistent with the Encinal Terminals Tidelands Exchange
Master Plan approved by companion Ordinance on February 1, 2022 (“Master Plan”); and
WHEREAS, the Development Agreement is consistent with objectives, policies, land uses
and programs specified in the General Plan and is compatible with the uses authorized in, and
the other regulations prescribed for, the use of land at Encinal Terminals. As documented in the
staff report and associated materials, the Development Agreement vests the rights granted by the
Master Plan, which is in substantial conformance with, and implements, the City of Alameda
General Plan, Housing Element, and Zoning Ordinance policies and standards for the site. The
Master Plan implements General Plan policies for mixed use redevelopment of a former industrial
site in the Northern Waterfront, increases housing opportunities for a variety of household types,
improves transportation infrastructure by funding the extension of Clement Avenue, increases
transit services in the area, and increases public access to public waterfront parks in the area for
all Alameda residents; and
WHEREAS, on July 17, 2007, the City Council adopted Resolution Nos. 14134 and 14135
certifying the Final Environmental Impact Report for the Northern Waterfront General Plan
Amendment (“Northern Waterfront EIR”) pursuant to the California Environmental Quality Act
(“CEQA”), and on December 19, 2017, the City Council adopted Resolution No. 15337 certifying
a Focused Supplemental Environmental Impact Report for development of the proposed Master
Plan and Exchange Agreement (“Focused Supplemental EIR”, and with the Northern Waterfront
EIR, “Previous CEQA Documents”).
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda that:
Section 1.
The City Council, based on its independent review, consideration, and exercise of its independent
judgment, hereby finds and determines, on the basis of substantial evidence in the entire record