Resolution 16167 CITY OF ALAMEDA RESOLUTION NO. 16167
APPROVING A TENTATIVE MAP (TRACT 8674) TO SUBDIVIDE A
0.47 ACRE PARCEL (PN 072-0383-007-05) TO CREATE TEN
TOWNHOME LOTS AND TWO COMMON AREA PARCELS WITHIN A
REMAINDER PORTION OF THE DEL MONTE WAREHOUSE
MASTER PLAN AREA
WHEREAS, in 2014, the City of Alameda adopted the Del Monte Warehouse
Master Plan ("Master Plan") and a Development Agreement for the 11.06 acre property
where the Del Monte Warehouse is located. The Master Plan divided the property into
three developable sub-areas, A, B, and C; and
WHEREAS, on September 5, 2023 the applicant, Mike O'Hara on behalf of Tim
Lewis Communities, submitted an application for a Development Plan, Design Review
and Tentative Map to build 10 townhome units in two buildings on a 0.47 acre site known
as subarea C of the Master Plan; and
WHEREAS, the Del Monte Warehouse site is designated as Mixed Use in the
Alameda 2040 General Plan, which encourages a wide variety of housing types, including
multifamily housing, and a wide variety of commercial and business uses; and
WHEREAS, this portion of the Del Monte Warehouse site is zoned MX (Mixed Use)
and MF (Multifamily Residential) on approximately 0.26 acres, and M-2 (General
Industrial) and MF on approximately 0.21 acres in the Alameda Municipal Code (AMC)
Zoning Map; and
WHEREAS, the subdivision of the property will facilitate the development of
subarea C consistent with the approved Master Plan, Development Plan, and
Development Agreement; and
WHEREAS, the subdivision of the property will facilitate the development of the
sale of the townhomes and two common area lots (Parcels A and B) to be owned and
maintained by a Homeowners' Association; and
WHEREAS, on April 8, 2024, the Planning Board held a duly noticed public hearing
and adopted Planning Board Resolution No. PB-24-05 approving a Development Plan
and Design Review and Planning Board Resolution No. PB-24-06 recommending
approval of Tentative Map Tract 8674; and
WHEREAS, on May 21, 2024, the City Council reviewed Tentative Map Tract
8674, Planning application No. PLN23-0328, and all pertinent maps, documents, and
exhibits and determined that the Tentative Map is consistent with the General Plan and
Alameda Municipal Code (AMC) requirements for the property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council finds this project is
categorically exempt from environmental review pursuant to CEQA Guidelines Section
15332 — Infill Development, and finds that none of the exceptions to the categorical
exemptions apply:
1. The project is consistent with the applicable general plan designation and
all applicable general plan policies as well as with applicable zoning
designation and regulations. The project is consistent with the development
standards of the Del Monte Warehouse Master Plan. The project is also consistent
with Alameda General Plan 2040 policy LU-27, which requires infill development
respect and enhance the architectural and landscape design quality of the
neighborhood.
2. The proposed development occurs within city limits on a project site of no
more than five acres substantially surrounding urban uses. The property is
approximately 0.47 acres, is located entirely within city limits, and all neighboring
properties have been developed.
3. The project has no value as habitat for endangered, rare, or threatened
species. The property was originally developed in 1927 and was fully regraded in
2018 during the construction of the adjacent Littlejohn Commons and Del Monte
Warehouse development projects, and therefore has no value as habitat for
endangered, rare or threatened species.
4. Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality. Approval of the project would not
result in any significant effects relating to traffic, noise, air quality, or water quality.
The development of an urban site with small scale residential buildings would not
be unusually impactful and was considered in the original master plan.
5. The site can be adequately served by all required utilities and public
services. The property is located within recently redeveloped area that is served
by existing utilities and services; and
BE IT FURTHER RESOLVED, that the City Council finds as a separate and
independent basis, the project is also exempt from CEQA pursuant to CEQA Guidelines
Section 15183 (projects consistent with General Plan and Zoning); and
BE IT FURTHER RESOLVED, that the City Council makes the following findings
relative to the proposed Tentative Map (Tract 8674) application:
1. The proposed subdivision, together with the provisions for its design and
improvement, is in conformance with the General Plan and Zoning for this site
(Gov. Code § 66474). The proposed tentative map is consistent with the Mixed
Use General Plan designation and the MX and M-1-PD-MF zoning designations
for the property. The subdivision will create 10 residential lots and 2 common area
parcels. The proposed subdivision is designed to ensure lots face streets, that the
parcels are adequately accessed by a grid of complete streets, pedestrian
sidewalks, and bicycle paths and lanes.
2. The site is physically suitable for the type of development (Gov. Code
§ 66474). The tentative map facilitates the development of sub-area C of the Del
Monte Warehouse Master Plan and is consistent with the approved Development
Agreement, which will provide ten for-sale townhomes and two common area
parcels.
3. The site is physically suitable for the density of the development. The
proposed subdivision will not exceed the planned density for the land consistent
with the approved entitlements and General Plan policies.
4. The proposed design of the subdivision and improvements, as conditioned,
will not cause environmental damage or substantially and avoidably injure
fish or wildlife or their habitat (Gov. Code § 66474). The site is an urban infill
site.
5. The design of the subdivision and its improvements will not conflict with
easements acquired by the public at large for access through or use of
property within the subdivision (Gov. Code § 66474). The existing Public
Utility Easement over an existing storm drain pipe will be maintained with the
Tentative Map.
6. The design of the subdivision and its improvements will not cause serious
public health problems (Gov. Code § 66474). There are no public health
effects of typical residential development.
7. Water will be available and sufficient to serve the proposed subdivision in
accordance with Government Code Section 66473.7. The subdivision has
been designed in accordance with the City of Alameda Master Infrastructure Plan
and the EBMUD water supply determinations.
8. The subdivision will not result in the discharge of waste into the sewer
system that would violate regional water quality control regulations in
accordance with Government Code Section 66474.6. The subdivision has been
designed in accordance with the City of Alameda Master Infrastructure Plan and
EBMUD standards.
9. The design of the subdivision for which a tentative map is required pursuant
to Section 66426 of the Government Code of the state of California shall
provide, to the extent feasible, for future passive or natural heating or
cooling opportunities in accordance with Section 66473.1 of the Government
Code. The proposed subdivision is located in an area of the Bay Area that is well
suited for passive cooling and heating opportunities.
10.In recommending approval of the vesting tentative map, the Planning Board
has considered its effect upon the housing needs of the region, balanced
with the public service needs of Alameda residents and available fiscal and
environmental resources (Gov. Code § 66412.3). The project fulfills the
planned housing development of the approved master plan; and
BE IT FURTHER RESOLVED that the City Council approves the Tentative Map
(Tract 8674) to subdivide am 0.47-acre City parcel (072-0383-007 and 072-0383-014)
into 10 lots and 2 common area parcels, subject to the following conditions:
1. All maps filed pursuant to this approval shall be in substantial compliance with the
map titled "Tentative Map (TRACT 8674)" on file in the office of the Alameda
Planning, Building and Transportation Department. The Final Map(s) shall be in
substantial compliance with the Tentative Map. The Tentative Map may be finalized
in phases.
2. Prior to the approval of the first Final Map(s), all applicable conditions of approval of
the approved Tentative Map, as revised or amended, shall be satisfied.
3. The subdivider shall record the first Final Map that includes improvements within
twenty-four (24) months of approval, or conditional approval of the Tentative Map by
the City Council. The City may, upon the subdivider' s application filed before the
Tentative Map' s expiration date, extend its life for an additional period or periods not
to exceed six (6) years in accordance with State law.
4. Final Maps shall show all existing and proposed easement locations, uses and
recording information. The Owner's Statement shall list all easements to be
dedicated and the Certificate of City Clerk shall list all public easements and
dedications to be accepted, accepted subject to improvements, rejected, or
abandoned (with recording information) as part of the Final Map(s).
5. Prior to issuance of the first building permit the developer shall demonstrate
fulfillment of the project's fair share contributions for the construction costs of the
Clement Avenue extension and Clement Avenue/Sherman Street intersection.
6. Prior to the recordation of the Final Map, Covenants, Conditions and Restrictions
(CC&Rs) shall be prepared to the satisfaction of the City Engineer. CC&Rs shall
include a maintenance plan for common areas, Parcel A and Parcel B, and designate
responsibility through either a Homeowner's Association (HOA) or Shared
Maintenance Agreement.
7. The applicant is encouraged to contact the Public Works Department at 510-747-
7930 to schedule a pre-application meeting prior to the first submittal of any
subdivision maps or improvement plans to discuss submittal requirements, project
review timeline, and fees associated with the processing, filing, and construction of
this development.
8. A current title report shall be submitted to identify current ownership and any existing
easements or land use restrictions.
9. The Applicant shall enter into a Subdivision Improvement Agreement with the City,
pay all fees, and provide a security in a form and amount acceptable to the City prior
to approval of the Final Map.
10.The subdivider shall pay for all reasonable office and engineering costs expended by
the City Engineer's office, including overhead, in conjunction with reviewing the Final
Map, improvement plans, easements, and in obtaining the map signature of the City's
consulting surveyor.
11.The subdivider shall provide five copies of the permit approved site/off-site civil
improvement plans, landscape plans, and specifications along with a Mylar or other
reproducible set (plans only), and a digital copy acceptable to the City Engineer.
12.Hold Harmless: To the maximum extent permitted by law, the applicant (or its
successor in interest) shall defend (with counsel acceptable to the City), indemnify,
and hold harmless the City of Alameda, its City Council, City Planning Board, officials,
employees, agents and volunteers (collectively, "Indemnitees") from and against any
and all claims, actions, or proceedings against Indemnitees to attack, set aside, void
or annul an approval by Indemnitees relating to this project. This indemnification shall
include, but is not limited to, all damages, losses, and expenses (including, without
limitation, legal costs and attorney's fees) that may be awarded to the prevailing party
arising out of or in connection with an approval by the Indemnitees relating to this
project. The City shall promptly notify the applicant of any claim, action or proceeding
and the City shall cooperate in the defense. The City may elect, in its sole discretion,
to participate in the defense of said claim, action, or proceeding and the applicant (or
its successor in interest) shall reimburse the City for its reasonable legal costs and
attorneys' fees.
* * * * *
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 21st day of May 2024, by the following vote to wit:
AYES: Councilmembers Daysog, Jensen, 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 official seal
of said City this 22nd day of May 2024.
1,417\57-\
Lara Weisiger, C. Clerk
City of Alameda
Approved as to form:
Yib. en, y Attorney
City of Ala eda