Ordinance 3328CITY OF ALAMEDA ORDINANCE NO. 3328
New Series
AUTHORIZING THE INTERIM CITY MANAGER, OR DESIGNEE, TO
EXECUTE A FIRST AMENDMENT TO THE DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF ALAMEDA AND
ALAMEDA POINT PARTNERS, LLC FOR THE SITE A
DEVELOPMENT AT ALAMEDA POINT
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 through 30-95 (the "City
Development Agreement Regulations"); and
WHEREAS, the City and Alameda Point Partners, a Delaware limited partnership
("the Developer") entered into a Disposition and Development Agreement dated August
6, 2015 and a Development Agreement dated August 6, 2015 approved by the City
Council by Ordinance No. 3127 and 3128, for the acquisition and development of a 68 -
acre portion of the former Naval Air Station Alameda ("NAS Alameda") (the "Property" or
"Site A"); 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 amendment for the Property. A draft of the
proposed development agreement amendment was prepared and; 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 re -entitling Site A to
accommodate the Regional Housing Needs Allocation; and
WHEREAS, the Site A project, as more fully described in the amended
Development Plan, which was approved by the Planning Board on July 25, 2022, and
subject to the Development Agreement, includes the following components:
a. Approximately 1,300 residential units, of which 25% will be affordable units
as more specifically defined in the DDA;
b. A minimum of 300,000 square feet and up to 360,000 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 a water distribution system,
wastewater collection system, recycled water storage and distribution system, stormwater
collection and stormwater management control system and other improvements as more
particularly described in the Infrastructure Package attached to the DDA;
d. Up to approximately 10 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
h. A freeze on all local development regulations (as set forth in Alameda
Municipal Code, Chapter XXX) in place as of the effective date of the Development
Agreement First Amendment; 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 Alameda Point project, but
also deliver the necessary gateway infrastructure to the job -producing center that will be
occurring south of West Atlantic Avenue; and
WHEREAS, development of the Site A project would be required to comply with
the Transportation Demand Management Plan for Alameda Point, the Reuse Plan, the
General Plan, the Waterfront Town Center Specific Plan, the Zoning Ordinance (Alameda
Municipal Code 30-4.24), and a Master Infrastructure Plan (collectively, the "Planning
Documents"); and
WHEREAS, after conducting a duly noticed public hearing on July 25, 2022, and
hearing all qualified and interested persons and receiving and considering all relevant
evidence, the Planning Board 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 Development Agreement First Amendment 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 Development Agreement First Amendment is consistent with the General
Plan and the other land use regulations because it ensures that the amended
Development Plan for Site A is implemented and completed in appropriate
phases over time; and
WHEREAS, the terms and conditions of this Development Agreement First
Amendment have undergone extensive review by the City, the Developer and their
respective legal counsel. The Planning Board at a publicly noticed meeting found the
Development Agreement First Amendment to be in conformance with the General Plan,
the Development Agreement Legislation, and the City Development Agreement
Regulations; and
WHEREAS, the Planning Board 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 First Amendment; and
WHEREAS, on February 4, 2014, by Resolution No. 14891, the City Council
certified the Final 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") for the Alameda Point project, including the
Town Center Plan area, which contains the project site (Alameda Point EIR); and
WHEREAS, on November 30, 2021, by Resolution No. 15841, the City Council
certified a FEIR (State Clearinghouse No. 2021030563) under CEQA, and adopted
written findings, a Statement of Overriding Considerations, and a MMRP for the General
Plan Amendment to update the Alameda General Plan (General Plan EIR), which
evaluated the environmental impacts of 12,000 additional housing units in Alameda over
20 years, including 5,353 housing units to accommodate the RHNA between 2023
through 2031; and
WHEREAS, the City 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 Site A Project is a transit -oriented destination development for which this
Development Agreement First Amendment is appropriate. This Development Agreement
First Amendment 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 First Amendment 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 July 25, 2022, the Alameda Planning Board conducted a duly
noticed public hearing on this Development Agreement First Amendment in accordance
with Government Code section 65867 and the City Development Agreement Regulations.
NOW, THEREFORE, BE IT ORDAINED, that after hearing all qualified and
interested persons and receiving and considering all relevant evidence, the City Council
of the City of Alameda finds and determines as follows:
Section 1. The First Amendment to the Development Agreement substantially in the form
on file with the City Clerk, subject only to such changes as are approved by the City
Attorney and the Interim City Manager, or Designee, is hereby approved.
Section 2. The Interim City Manager, or Designee, is authorized to execute the First
Amendment to the Development Agreement and to take such other actions as are
contemplated and consistent with the First Amendment to the Development Agreement.
Section 3. If any provision of this Ordinance is held by a court of competent jurisdiction
to be invalid, this invalidity shall not affect other provisions of this Ordinance that can be
given effect without the invalid provision and therefore the provisions of this Ordinance
are severable. The City Council declares that it would have enacted each section,
subsection, paragraph, subparagraph and sentence notwithstanding the invalidity of any
other section, subsection, paragraph, subparagraph or sentence.
Section 4. 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.
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Attest:
Lara Weisiger, City Clerk
the City Cncil
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 20t" day of September 2022 by the following vote to wit:
AYES: Councilmembers Daysog, Knox White, Vella and Mayor Ezzy
Ashcraft — 4.
NOES: Councilmember Herrera Spencer - 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 21st day of September 2022.
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
Yibin Shen,. ity Attorney
City of Alameda