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Resolution 13195CITY OF ALAMEDA CITY COUNCIL RESOLUTION NO. 1319 5, APPROVING GENERAL PLAN AMENDMENT GPA 99 -3 AT 2415 MARINER SQUARE DRIVE, FOR AEGIS ASSISTED LIVING AND FOR JOHN BEERY JR./MARINER SQUARE WHEREAS, an application was made on August 19, 1999 by William Mabry of Aegis Assisted Living and by John Beery Jr. of Mariner Square Associates, for a General Plan Amendment GPA 99 -3, Rezoning R 99 -3, Planned Development PD 99 -4, Use Permit UP 99 -27 and Major Design Review DR 99 -74 to allow nonmaritime use (assisted living) in the M -U -2 Mixed Use area of the General Plan in order to provide for for the boat storage building and dock reconfiguration, and to allow construction of a 3 -story 89,000 square foot assisted living facility, a 39,500 square foot, 50 foot tall dry boat storage building, reconfiguration of parking, expansion of shoreline public access /park area and installation of floating docks with piers, in the M -2 Industrial and E Estuary zoning districts; and WHEREAS, the application was determined to be incomplete on September 17, 1999; and was accepted as complete on December 13, 1999; and WHEREAS, the General Plan designation is "M -U -2 Specified Mixed Use" for a master-planned development; and WHEREAS, the subject parcci is located within the boundaries of the Business and Waterfront Improvement Project (BWIP) Area; and WHEREAS, the Planning Board and City Council have been advised that, and find that, subject to meeting City standards and requirements, the proposed uses would conform to the adopted Community Improvement Plan (CIP) for the Business and Waterfront Improvement Project and General Plan policies incorporated by reference within the CIP; and WHEREAS, on February 14, 2000 the Planning Board recommended to the City Council adoption of a Mitigated Negative Declaration in connection with the project which the City Council adopted on March 21, 2000; and WHEREAS, the Planning Board held a public hearing on this application on February 14, 2000 and has examined pertinent maps, drawings, and documents, and recommended approval of the General Plan Amendment; and WHEREAS, the City Council held a public hearinng on this application on March 21, 2000 and has examined pertinent maps, drawings and documents, and WHEREAS, the City Council has made the following findings regarding the General Plan Amendment request: 1. The General Plan text amendment is consistent with the rest of the General Plan, because maritime uses in the M -U -2 Specified Mixed Use area are retained and expanded as intended by the General Plan, while permitting a compatible use, which is an assisted living facility primarily for elderly and disabled persons, which will not interfere with maritime uses and which will buffer and transition existing non - maritime uses from existing commercial and houseboat uses to the east. 2. The General Plan text amendment will have no significant adverse effects on the environment based on the recommended Mitigated Negative Declaration which shows no significant adverse effects with all mitigations incorporated into the project. 3. The General Plan text amendment will have no significant adverse effects on the general welfare of the community because provision of assisted living opportunities is of benefit to residents in the community, and because the maritime uses which are retained and expanded by the development of the boat storage facility. 4. The proposed General Plan text amendment is necessary to enable the appropriate development and maintenance of property in the City because it provides for maritime and assisted living uses, transitioning between future uses at Fleet Industrial Supply Center and the Barnhill/Marina Village area, while limiting traffic impacts compared with past uses of the property. 5. The proposed General Plan amendment is in the public interest because it allows both maritime and transition (assisted living) uses of the property and allows compatible reuse of the site in light of changing community needs and development patterns. THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby approves General Plan Amendment GPA 99 -3, as set forth in Exhibit "A" of this Resolution. 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 or final action on any appeals plus extensions authorized by California Code of Civil Procedure Section 1094.6. * * * * plc * 2 EXHIBIT "A" City Council Resolution No. draft General Plan Amendment, Aegis/Mariner Square Additions in bold, deletions in strikeout, retained text in normal type. Table 2 -1, "Assumed Develop second area described. M -U -2 Mariner Square Policy 2.6.b, page 32: ent Increment, Specified Mixed Use Sites 1990- 2010," page 14, Residential Office Institutional (assisted living and related uses) Maritime Uses 10 Livc/Work Work/Live 5,000 sq. ft. east of Mariner Square Drive 100,000 sq. ft. west of Mariner Square Drive 40,000 sq. ft., boat storage, marina "Preserve the existing mix of water- related uses and add onshore work-live space. To avoid displacing water - related uses, office space additions are limited to 5,000 square feet. In the area west of Mariner Square Drive, elder assisted living facilities may be permitted provided they are compatible with the marine uses in the vicinity. The proposed Improvement Project would provide public actions to stimulate cleitelopmcnt,of this site." Policy 2.6.g, page 33: "Mariner Square. Limit offices to 20 percent of nonresidential floor area east of Mariner Square Drive with a majority of the space to be devoted to marine - related uses. Up to 100,000 square feet of elder assisted living facilities may be permitted, provided they are compatible with the marine uses in the vicinity." General Plan Map, Designating Site M -U -2: No change. 3 g: \ec\reso\5aegprez 1/27/00 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 21st day of March ,2000, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. NOES: None. 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 March 2000. iane Felsch, City C:' :erk City of Alameda