Resolution 14070CITY OF ALAMEDA RESOLUTION NO. 1407
AMENDING CITY OF ALAMEDA RESOLUTION NO 13937 TO CHANGE
THE TIMING OF COMPLIANCE FOR THE FINAL LIGHTING AND SIGNAGE
PLAN CONDITION OF APPROVAL FOR DESIGN REVIEW DR05-0041, THE
PROPOSED CINEPLEX AT 2305 CENTRAL AVENUE, FROM "PRIOR TO
ISSUANCE OF BUILDING PERMIT" TO "PRIOR TO THE ISSUANCE OF A
TEMPORARY CERTIFICATE OF OCCUPANCY," AND TO CHANGE THE
TIMING OF COMPLIANCE FOR THE FINAL LIGHTING, SIGNAGE, AND
LANDSCAPING PLAN CONDITION OF APPROVAL FOR DESIGN REVIEW
DR05-0028, THE PROPOSED PARKING GARAGE AT 1416 OAK STREET,
FROM "PRIOR TO ISSUANCE OF BUILDING PERMIT" TO "PRIOR TO THE
ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY."
WHEREAS, on March 21, 2005 the City Council of the City of Alameda
approved City of Alameda Resolution No. 13937 and amended final designs for
Design Review DR05-0014, the proposed Cineplex at 2305 Central Avenue, and
Design Review DR05-0028, the proposed parking garage at 1416 Oak Street;
and
WHEREAS, a Mitigated Negative Declaration ("MND") was prepared and
adopted on May 3, 2005 for the Alameda Theater, Cineplex and Parking
Structure Project by the City Council; and
WHEREAS, Resolution No. 13937 included a Condition of Approval that
required: Prior to issuance of a building permit for the Cineplex, the Planning
Board shall approve the final lighting and signage program for the Cineplex. The
final lighting plan shall be prepared by a professional lighting designer; and
WHEREAS, Resolution No. 13937 included a Condition of Approval that
required: Prior to issuance of a building permit for the public garage, the Planning
Board shall approve the final lighting plan, signage program and landscaping plan
for the public garage. The final lighting plan shall be prepared by a professional
lighting designer; and
WHEREAS, the Applicants submitted the required landscaping lighting
and signage plan for both the cineplex and parking garage in Spring 2006; and
WHEREAS, the construction value-engineering process approved by the
City Council and Community Improvement Commission on July 26, 2006 for the
public parking garage resulted in several changes to the proposed signage
program; and
WHEREAS, a number of items value-engineered from the parking
garage, including the signage changes, may be added back into the scope of
work for the project, if funds remain available after the site is successfully
excavated, the foundations have been poured, and unknowns eliminated; and
WHEREAS, the Applicants request postponing a Planning Board hearing
on the lighting, signage and landscaping plan for the parking garage until after
the Community Improvement Commission decides whether to add the signage
changes back into the scope of work; and
WHEREAS, the Applicants request postponing a Planning Board hearing
on the lighting and signage plan for the Cineplex until after the Community
Improvement Commission decides whether to add the signage changes back
into the scope of work for the parking garage so that the cineplex plans can be
presented and considered in conjunction with the garage plans.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City
of Alameda, having exercised its independent judgment, hereby finds that no
subsequent or supplemental environmental review is warranted pursuant to
Public Resources Code section 21166 and CEQA Guidelines sections 15162,
because, since the adoption of the MND on May 3, 2005:
1. There have been no substantial changes in the project that
require major revisions of the previous MND due to the involvement of
new significant environmental impacts or a substantial increase of the
severity of previously identified significant effects;
ii. There have been no substantial changes with respect to the
circumstances under which the project is undertaken which will require
major revisions of the previous MND due to the involvement of new
significant environmental impacts or a substantial increase of the
severity of previously identified significant effects; and
There is no new information showing that the project will have one
or more significant effects not discussed in the previous MND, or that
significant effects previously examined will be substantially more
severe than shown in the previous MND.
THEREFORE BE IT RESOLVED that the City Council amend Condition of
Approval No. 7 for Design Review DR05-0041, the proposed Cineplex at 2305
Central Avenue, in the following manner:
7. Prior to the issuance of a temporary certificate of occupancy for the
Cineplex, the Planning Board shall approve the final lighting, landscaping, and
signage program for the Cineplex. The final lighting plan shall be prepared by a
professional lighting designer.
THEREFORE BE IT RESOLVED that the City Council amend Condition of
Approval No 8 for Design Review DR05 -0028, the proposed parking garage at
1416 Oak Street, in the following manner:
8. Prior to the issuance of any temporary certificate of occupancy for the
public garage, the Planning Board shall approve the final lighting plan, signage
program and landscaping plan for the parking garage. The final lighting plan
shall be prepared by a professional lighting designer.
NOTICE. No judicial proceedings subject to review pursuant to
California Code of Civil Procedure Section 1094.5 may be prosecuted more
than ninety (90) days following the date of this decision plus extensions
authorized by California Code of Civil Procedure Section 1094.6.
I, the undersigned, hereby certify, that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 20t" day of February 2007, by the following vote to
wit:
AYES:
NOES:
ABSENT:
Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
None.
None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 21st day of February, 2007.
Lara Weisiger, City Clerk
City of Alameda