Ordinance 3116CITY OF ALAMEDA ORDINANCE NO. 3116
New Series
APPROVING DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF ALAMEDA AND TL PARTNERS, 1, LP GOVERNING
THE DEL MONTE WAREHOUSE PROJECT FOR REAL PROPERTY
LOCATED AT THE NORTHEAST CORNER OF. THE INTERSECTION
OF SHERMAN STREET AND BUENA VISTA AVENUE
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 this Development Agreement has
been processed in accordance with the City Development Agreement Regulations; and
WHEREAS, TL Partners 1, LP ("the Developer") is currently in contract to
acquire approximately 11.06 acres of real property located at the northeast corner of the
intersection of Sherman Street and Buena Vista Avenue and commonly known as the
Del Monte Warehouse, with an address of 1501 Buena Vista Avenue, City of Alameda,
County of Alameda (APN 072-0383-004); and
WHEREAS, the City is the owner of approximately .45 acres of property located
adjacent to the Del Monte Property, identified as assessor's parcel numbers 072 -0333-
001 and -002 ("City Parcel"). The City Parcel and the Del Monte Parcel are referred to
collectively herein as the "Property"; and
WHEREAS, the City is desirous of advancing the socioeconomic interests of the
City and its residents by promoting the productive use of underdeveloped property and
encouraging quality development and economic growth, thereby enhancing employment
opportunities for residents and expanding the City's property tax base; and
WHEREAS, the City is also desirous of gaining the Public Benefits described in
detail in the Development Agreement, some of which are in addition to those
dedications, conditions and exactions required by laws or regulations, and which
advance the planning objectives of, and provide benefits to, the City; and
WHEREAS, the City has determined that by entering into this 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; (4) the City will benefit from
increased employment opportunities for residents of the City created by the retail
businesses in the commercial space within the Project; and (5) the City will receive the
Public Benefits provided by the Project for the residents of the City; and
WHEREAS, 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 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, 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 380 housing units
(which includes fifty -five (55) affordable units) and 30,000 square feet of commercial
space, consistent with the Master Plan approved on December 16, 2014 via Ordinance
No. ( "Master Plan "); and
WHEREAS, on September 22, 2014, 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 December 2, 2014, 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 Planning Board recommended for certification, and the City
Council certified a Subsequent Mitigated Negative Declaration for the Del Monte
Warehouse Project, including this Development Agreement, on December 2, 2014, in
accordance with the California Environmental Quality Act, Public Resources Code
section 21000.
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, the
Development Agreement, 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.
Presiding Officer of the City Council
Attest:
Lara Weisiger, i y 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 special meeting assembled on the 16th day of December, 2014, by the
following vote to wit:
AYES: Councilmembers Chen, Ezzy Ashcraft, Tam and Mayor
Gilmore — 5.
NOES: Councilmember Daysog - 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 17th day of December, 2014.
6-41� L-4
Lara Weisiger, 91 y Clerk
City of Alameda
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C�.Ke�rn�
Attorney
Ja t C. Kern
City Attorney