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Ordinance 3115CITY OF ALAMEDA ORDINANCE NO. 3115 New Series ADOPTING THE DEL MONTE WAREHOUSE MASTER PLAN AND DENSITY BONUS APPLICATION FOR REDEVELOPMENT AND ADAPTIVE REUSE OF THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SHERMAN STREET AND BUENA VISTA AVENUE WHEREAS, TL Partners I, 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 Del Monte Warehouse Master Plan includes a project for a combination of residential and commercial uses that would be housed in the Del Monte Warehouse building and other new structures to be built on the site, including up to 414 housing units and 30,000 square feet of commercial space; and WHEREAS, the Del Monte Warehouse Master Plan is informed by several meetings and workshops held by the Planning Board on June 23, 2014, as well as public hearings before the Historical Advisory Board on April 23, 2014 and March 3, 2014 to take public comment on the draft Master Plan and review recommended changes and revisions to it; and WHEREAS, the Proposed Master Plan implements the Zoning Ordinance which designates the site as a Mixed Use /Planned Development site with a Multi - Family Overlay; and WHEREAS, the Proposed Master Plan implements Northern Waterfront General Plan policies to increase housing opportunities in Alameda, Housing Element policies in support of multifamily housing on the site, and the General Plan policies to extend public streets, bicycle lanes, transit lanes, and pedestrian access through the area to the waterfront; and WHEREAS, the Proposed Master Plan will have a favorable effect on the general welfare of the community and is in the public interest as it would help facilitate the development of an underutilized former industrial site with a mix of uses; and WHEREAS, TL Partners I, LP proposes to include 55 affordable units make the project eligible for a density bonus of 20% under California Government Code 65915 and City of Alameda Municipal Code Section 30 -17. TL Partners I, LP has requested the 20% density bonus for a total project size of 414 residential units. The existing zoning designation for the property allows up to 345 multifamily residential units. The � f • applicant is proposing 55 affordable units, including 17 housing units affordable to very- low- income households (5 %), 14 housing units affordable to low- income households (4 %) and 24 units affordable to moderate - income households (7 %). The applicant is providing 5% of the units to very low- income households, which qualifies the project for a 20% density bonus, for a total project size of 414 units; and WHEREAS, the proposed affordable units make the project eligible for development standard waivers under California Government Code 65915 and City of Alameda Municipal Code Section 30 -17. TL Partners I, LP has requested a waiver from Alameda Municipal Code Section 30 -17 35 -foot height limit to accommodate the bonus units. The requested development standard waiver would not have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5, upon health, safety, or physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without increasing the potential impact of the project on the historic resource. Finally, the requested development standard waiver would not be contrary to state or federal law; and WHEREAS, on September 22, 2014, the Planning Board held a duly noticed public hearing on the proposed Master Plan and examined pertinent maps, drawings, and documents in connection with it and unanimously recommended that the City Council approve the Plan. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda that: Section 1. The Del Monte Warehouse Master Plan and Density Bonus, attached to this Ordinance, are approved and adopted. In adopting the Del Monte Warehouse Master Plan the City Council determines that it is generally consistent with the City of Alameda General Plan. The City Council further finds that it has considered all evidence and testimony provided to it and has reviewed, considered and adopted a Subsequent Mitigated Negative Declaration for the project in the manner required and authorized under CEQA. The proposed development, as mitigated, will not cause new or substantially more significant environmental impacts than were disclosed in the Northern Waterfront General Plan EIR. The IS /SMND for the Del Monte project completed pursuant to CEQA determined that the proposed project would result in changes in the project, changes in circumstances or new information that would result in new significant impacts or in a substantial increase in the severity of impacts which were previously identified in the GPA EIR. Any new significant impacts or substantially more severe impacts are reduced to less than significant levels with new or revised mitigation measures incorporated into the Project. All mitigations specified in the GPA EIR and in the IS /SMND shall be included as conditions of approval for the project development plans required by the Master Plan. Section 2. Severability Clause. It is the declared intent of the City Council of Alameda that if any section, subsection, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provision 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. Attest: loo, C, (A" Lara Weisiger, Jerk I*A' � - sew -- Presiding Officer of the City Council Page 3 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 16th day of December, 2014, by the following vote to wit: AYES: Councilmembers Chen, Ezzy Ashcraft, Tam and Mayor Gilmore — 4. NOES: Councilmember Daysog - 1. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 17th day of December, 2014. APPROVED AS TO FORM et C. Kern City Attorney (-'em-& bl—K I Lara Weisiger, City C City of Alameda t)