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Resolution 12525CITY OF ALAMEDA RESOLUTION NO. 12525 ADOPTING NEGATIVE DECLARATION, IS 91 -332, FOR A GENERAL PLAN AMENDMENT, ZONING ORDINANCE AMENDMENT, AND REZONING, GPA /ZA /R 91 -332, TO ALLOW STRUCTURES OUTBOARD OF THE PIER AND BULKHEAD LINE IN THE ALAMEDA ESTUARY, IN THE AREA BOUNDED BY THE MOUTH OF THE ESTUARY ON THE WEST, CITY LIMITS ON THE NORTH, MILLER - SWEENEY BRIDGE ON THE EAST, AND PIER AND BULKHEAD LINE ON THE SOUTH WHEREAS, an application was made by the City of Alameda and John C. Beery, Jr., for Mariner Square Associates for an Initial Study, IS 91 -332, to determine the potential environmental effects that would be associated with a proposal to amend the General Plan and Zoning Ordinance to allow structures outboard of the Pier and Bulkhead Line on existing parcels, subject to case -by -case approval by the Planning Board; and WHEREAS, a proposed Negative Declaration was circulated for public comment between September 22 and October 22, 1993; and WHEREAS, the portions of existing properties extending beyond the Pier and Bulkhead Line have no use designation in the General Plan; and WHEREAS, the portions of the properties extending beyond the Pier and Bulkhead Line are now located in the R -1, One - Family Residence District, which does not allow commercial marinas, terminals, or other water - dependent uses; and WHEREAS, parcels along the waterfront are within the boundaries of the Business and Waterfront Improvement Project; and WHEREAS, written comments were received from the following agencies: California Integrated Waste Management Board, East Bay Municipal Utility District, U.S. Army Corps of Engineers, and Port of Oakland, and the issues raised were responded to in the staff report for the March 14, 1994, Planning Board meeting, and WHEREAS, the Planning Board held a public hearing on this Negative Declaration on March 14, 1994, and examined pertinent maps, drawings, and documents and recommended to the -City Council the adoption of the Negative Declaration; and WHEREAS, the City Council held a public hearing on this Negative Declaration on May 3, 1994, and has examined pertinent maps, drawings, and documents and has considered the following written comments and testimony received during the public hearing; and WHEREAS, the City Council has made the following findings: 1. The project does not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish and wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. Individual projects will be reviewed for environmental considerations through the Use Permit process. The intent of the new zoning district is to promote and protect the environment in the Alameda Estuary. 2. The project does not have the potential to achieve short term, to the disadvantage of long term, environmental goals. Individual projects will be reviewed for environmental considerations through the Use Permit process. The intent of the new zoning district is to promote and protect the environment in the Alameda Estuary. 3. The project does not have possible environmental effects which are individually limited but cumulatively considerable. No structures are permitted in the new zoning district. All uses will be subject to a Use Permit process which will allow for the consideration of cumulative impacts of development in the Alameda Estuary. 4. The project does not have environmental effects which will cause substantially adverse effects on human beings, either directly or indirectly. Specific findings must be made within the Use Permit process regarding navigation and aviation safety as well as consistency with the public trust. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that the City Council hereby adopts Negative Declaration, IS-91-332. 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 regular meeting assembled on the 3rd day of May , 1994, by the following vote to wit: AYES: NOES: ABSENT: Councilmembers Appezzato, Arnerich, Lucas, Roth and President Withrow - 5. None. None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 4th day of May , 1994. e 4 Diane B Felsch, City Clerk City of Alameda