Ordinance 3364 CITY OF ALAMEDA ORDINANCE NO. 3364
New Series
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.
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 of Alameda
("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 this Development
Agreement has been processed in accordance with the City Development Agreement
Regulations; and
WHEREAS, on July 18, 2023, the Alameda City Council approved a Development
Agreement between the City of Alameda and the MidPen Housing Corporation, a
California nonprofit public benefit corporation ("MidPen"), Alameda Point Collaborative, a
California nonprofit public benefit corporation ("APC"), Building Futures With Women and
Children, a California nonprofit public benefit corporation ("Building Futures"), and
Operation Dignity, a California nonprofit public benefit corporation ("Operation Dignity")
(collectively referred to as the "Collaborating Partners or "the Developer") for 8 acres of
City-owned real property located at the corner of West Midway Avenue and Pan Am Way
at Alameda Point that is appropriate for supportive housing and associated services
("RESHAP Parcel"); and
WHEREAS, the City and MidPen, APC, Building Futures, and Operation Dignity
are desirous of increasing the number of very low- and low-income units planned for the
property; and
WHEREAS, the City Planning Board on December 11, 2023 approved an
amendment to the RESHAP Development Plan to increase the number of units on the
property to 332 units; and
WHEREAS, City and MidPen, APC, Building Futures, and Operation Dignity wish
to ensure that the terms of the Development Agreement is consistent with both the
amended Development Plan and the Disposition and Development Agreement; and
WHEREAS, the City has determined that by amending the Development
Agreement: (1) the City will ensure the productive use of underdeveloped property and
foster orderly growth and quality development in the City; (2) development will proceed in
accordance with the goals and policies set forth in the City of Alameda General Plan and
will implement the City's stated General Plan policies; (3)the City will receive substantially
increased property tax and sales tax revenues; and (4) the City will receive the public
benefits provided the provision of much needed supportive housing; and
WHEREAS, the terms and conditions of this First Amendment to 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 amendment to be consistent with the City
General Plan, the Main Street Neighborhood Specific Plan development standards, the
Development Agreement Legislation, and the City Development Agreement Regulations;
and
WHEREAS, on December 11, 2023, the Planning Board conducted a public
hearing on this First Amendment to Development Agreement in accordance with
Government Code section 65867 and the City Development Agreement Regulations and
recommended that the City Council amend the RESHAP Development Agreement to
ensure consistency between the Development Agreement, the amended Development
Plan and the Disposition and Development Agreement, and to avoid any future confusion;
and
WHEREAS, on February 20, 2024 the City Council conducted a public hearing on
this First Amendment to 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 amending the
Development Agreement; and
WHEREAS, the amended 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 Alameda
Point. As documented in the staff report and associated materials, the Development
Agreement vests the rights granted by the amended Development 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
amended Development Plan implements General Plan policies for mixed use
redevelopment of former Naval Air Station property and provides a plan for the
development of housing for those who are least able to afford housing in the Bay Area;
and
WHEREAS, pursuant to the streamlining provision of Public Resources Code
Sections 21166 and 21083.3 and Sections 15162 and 15183 of the 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 the California Environmental Quality Act (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; and 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.
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 before the City, that none of the circumstances necessitating further
CEQA review are present. The proposed project would not require major revisions to the
Previous CEQA Documents due to new significant impacts or due to a substantial
increase in the severity of the significant environmental effects. There have been no
substantial changes with respect to the circumstances under which the project would be
undertaken that would require major revisions of the Previous CEQA Documents due to
new or substantially increased significant environmental effects, and there has been no
discovery of new information of substantial importance that would trigger or require major
revisions to the Previous CEQA Documents due to new or substantially increased
significant environmental effects. Thus, the City can rely on the Previous CEQA
Documents and no further environmental review is required for the proposed project.
Section 2.
In accordance with Development Agreement Legislation and the City Development
Agreement Regulations, the City Council hereby finds the First Amendment to the
RESHAP Development Agreement (attached as Exhibit 1 to the accompanying Staff
Report and incorporated herein) to be consistent with the General Plan and necessary
and appropriate to ensure consistency between the Development Agreement, amended
Development Plan, and Disposition and Development Agreement for the RESHAP
Project.
Section 3.
The City Council hereby approves the First Amendment to Development Agreement for
the RESHAP project, and authorizes the City Manager to sign the First Amendment to
Development Agreement on or after the effective date of this Ordinance.
Section 4.
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 5.
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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Presidin ffi a City Council
Attest:
64,46,
d Iidden, Assistant City Clerk
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 19th day of March 2024, by the following vote to wit:
AYES: Councilmembers Daysog, Jensen, Vella and Mayor Ezzy
Ashcraft—4.
NOES: Councilmen-ter Herrera Spencer— 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 20th day of March 2024.
Ir lidden, Assistant City Clerk
City of Alameda
Approved as to f
Yibin Shen, City torney
City of Alame a