Title
PLN26-0036 - Del Monte Development Agreement Annual Review - Applicants: Star Harbor Property, LLC. The applicants are requesting a periodic review of the Del Monte Warehouse Project Development Agreement. The consideration of an Annual Report is not a project under the California Environmental Quality Act (CEQA). No further environmental review is required.
Body
To: Honorable President and
Members of the Planning Board
From: Steven Buckley, Secretary to the Board
EXECUTIVE SUMMARY
Alameda Municipal Code (AMC) Section 30-95.1 requires the Planning Board to conduct a public hearing at which the applicant must demonstrate good faith compliance with the terms and conditions of the Del Monte Development Agreement. Star Harbor Property, LLC, has submitted a letter, included as Exhibit 1, demonstrating their good faith compliance with the terms and conditions of the DA for the period January 1 to December 31, 2025.
Staff is recommending that the Planning Board find that the developer has complied in good faith with the terms and conditions of the DA and that no further reporting is required, as presented in Exhibit 2. The Development Agreement is provided as Exhibit 3.
BACKGROUND
On January 15, 2015, the City of Alameda (City) and TL Partners I, LP, (TLP) entered into a Development Agreement (Original DA) for the Del Monte Warehouse Project. The Original DA has been amended by a First Amendment to Development Agreement dated June 8, 2017 (First Amendment), a Second Amendment to Development Agreement dated July 18, 2018 (Second Amendment), two ministerial amendments dated October 25, 2018 (Ministerial Amendment) and September 25, 2019 (Second Ministerial Amendment), and a Third Amendment to Development Agreement dated January 4, 2021 (Third Amendment, and together with the Original DA, the First Amendment, the Second Amendment, the Ministerial Amendment, and the Second Ministerial Amendment, the Development Agreement or DA).
On October 9, 2019, the City granted its written consent to a Partial Assignment of certain rights and obligations under the Development Agreement from TLP to Alta Buena Vista Owner, LLC, (ABV). ABV has completed construction of the project and has transferred ownership to Star Harbor Property, LLC. All obligations under the DA were completed prior to the transfer as of December 2024.
TLP retained rights to the small pad at the northwestern end of the site and intends to build up to 10 townhouses on the site. In April 2024, the Planning Board approved a Development Plan, Design Review to develop 10 townhome units in sub-area C of Del Monte Warehouse Master Plan. In May 2024, Developer TLP also obtained City Council approval of Tentative Map Tract 8674 for this project. TLP has no further obligations under the DA.
DISCUSSION
No further obligations exist and the DA has been satisfied. No further reporting is required.
ENVIRONMENTAL REVIEW
The action requested is an informational item. Development Agreement annual review is not a project as defined in the CEQA Guidelines Section 15378, therefore, no further action is required and none of the conditions of CEQA Guidelines Section 15162 requiring additional environmental review exist.
RECOMMENDATION
Approve the draft resolution (Exhibit 2) finding that the Developers have demonstrated good faith compliance with the terms and conditions of the Development Agreement.
Respectfully submitted,
Allen Tai
Planning, Building and Transportation Director
Exhibits:
1. Annual Report Letter from Developers
2. Draft Resolution Approving Annual Report
3. Original Development Agreement