Resolution 13309CITY OF ALAMEDA RESOLUTION NO. 13 30 9
SUSTAINING THE PLANNING BOARD APPROVAL OF USE PERMIT UP 00-
29, AND AMENDING USE PERMIT UP- 95 -19, 1951 MAIN STREET,
ALAMEDA POINT, FOR ATHLETIC FIELDS FOR CITY OF ALAMEDA
RECREATION AND PARKS DEPARTMENT AND ALAMEDA REUSE AND
REDEVELOPMENT AUTHORITY
WHEREAS, an application was made on September 2, 2000 by the Alameda Reuse and
Redevelopment Authority (ARRA), on behalf of the City of Alameda Recreation and Parks
Department for a Use Permit UP 00 -29 to amend Use Peiiuit UP -95 -19 to allow expansion of hours
and days of operation of existing athletic fields, as an Interim Use, in the M -2 -G
Industrial/Government Zoning District; and
WHEREAS, the application was accepted as complete on November 3, 2000; and
WHEREAS, the General Plan designation is "Federal Facilities;" and
WHEREAS, the Planning Board held a public hearing on this application on November 27,
2000 and has examined pertinent maps, drawings, and documents; and
WHEREAS, the Planning Board found that the project is Categorically Exempt from the
California Environmental Quality Act, under Section 15301 of the CEQA Guidelines, Changes to
Existing Facilities; and
WHEREAS, the Planning Board of the City of Alameda granted Use Permit 00 -29, replacing
Use Permit UP 95 -19, pursuant to Alameda Municipal Code Section 30- 4.17.c for expansion of
hours and days of use for an existing athletic facility, subject to conditions of approval of the
Resolution; and
WHEREAS, on December 7, 2000 City Councilmember Kerr called the Use Permit to the
City Council for review of the Planning Board decision, stating that evidence presented to the
Planning Board was not sufficient to make the findings required under the Alameda Municipal Code
for an Interim Use Permit; and
WHEREAS, on January 16, 2001 the City Council held a public hearing and examined
pertinent maps, drawings and documents, as well as the record of the Planning Board hearings; and
WHEREAS, the City Council considered the bases for call for review set forth in
Councilmember Kerr's December 7, 2000 letter, as well as staff responses to the bases of the call
for review, as set out in Attachment 2 to staff report for the Council hearing, which attachment is
hereby incorporated by reference, and finds that the matters of concern in the call for review have
received sufficient response to allow the Planning Board's findings to remain valid; and
WHEREAS, the City Council made the following findings regarding the Use Permit
application request:
1. The location of the proposed use is compatible with other land uses in the area because
this use is compatible with the past open space use of the area, and does not unduly impact
nearby residential areas.
2. The installation would not increase parking or transportation demand because adequate
on -site parking facilities have been provided, because the site is near bus lines, and because
much of the facility use will occur in off -peak hours relative to commute traffic.
3. The proposed use, if it complies with all conditions upon which approval is made
contingent, will not adversely affect other properties in the vicinity because neighboring
residential structures east of Main Street/Central Avenue are separated from the active areas
of the facility by at least 120 feet and because the unlit facility does not operate between
dusk and morning hours.
4. The proposed use favorably relates to the General Plan. Staff analysis indicates that the
proposal favorably relates to the General Plan. The site is designated as "Federal Facilities"
on the Land Use diagram and this category is implemented through the adopted Interim
Lease Program for the Base.
5. The interim use is approved for a limited time, not to exceed the ten year maximum
time frame set forth in the N.A.S. Interim leasing program, because this Use Pet it is
approved for a maximum of ten years.
6. The interim use utilizes existing facilities and does not require substantial new
development, because the applicant will minimize permanent physical alterations to the
Navy facilities.
7. The interim use will not disrupt on -going operations of the governmental entity should
the interim use occur concurrent with continuing operations by the governmental
entity, because fencing, security patrols and overall administration of Alameda Point
provide security for the governmental operations.
8. The interim use will not be detrimental to the ultimate redevelopment of the property
or the potential resumption of use of the property by the governmental agency, because
the interim use is substantially the same in impact as the previous Navy use of the areas, and
does not require substantial changes to the facilities.
9. The interim use is consistent with an interim leasing program adopted by the City,
because conditions established for interim uses have been applied to the project.
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NOW, THEREFORE, BE IT RESOLVED that the City Council finds that the project is
Categorically Exempt from the California Environmental Quality Act, under Section 15301(a) and
(d) of the CEQA Guidelines, Interior Alteration in Existing Structures; and
BE IT FURTHER RESOLVED that the City Council of the City of Alameda hereby sustains
the Planning Board action to grant Use Permit 00 -29, for expanded use of athletic fields at 1951
Main Street, subject to the following:
APPROVED PLANS. The project shall be operated and maintained in substantial
compliance with the plans titled "Figure 2, Athletic Field, Conceptual Site Layout ", prepared
by City of Alameda Division of Traffic Engineering, June 1995, in one sheet, marked
"Exhibit A," on file in the Planning Department, subject to the following conditions:
2. VESTING. This Use Permit approval shall terminate on November 27, 2001 unless increased
use has commenced pursuant to approved City permits or the applicant applies for and is
granted an extension prior to said expiration. This Use Permit shall replace UP 95 -19 which
expired and shall terminate in ten (10) years or upon expiration of the Interim Lease,
whichever occurs first.
3. APPROVED USE. The applicant is approved to operate the sports fields shown in Exhibit
"A" from 9 am to dusk each day. No athletic or other organized sports game shall
commence after 5 pm. No night lighting shall be installed temporarily or permanently. The
applicant shall identify one to two downtime periods per year of at least 8 weeks cumulative
annual length during which the lawn will be reseeded, and no games or practices conducted,
and shall notify nearby residential neighbors by posted signs or other methods approved by
the Planning Director.
4. NOISE. The applicant shall operate and maintain the facility in compliance with established
City noise standards. No amplified announcing or musical equipment may be used which
may be audible to an average person at a distance of one -half mile. If the use is found by the
Planning Director to increase the peak noise level from past use of the site, on a regular basis,
the applicant may be required to mitigate noise levels, including modification to the number
of persons at events.
5. LIGHTING. No lighting is permitted.
6. LANDSCAPING. The applicant shall plant trees along the Main Street frontage of the
property to buffer nearby residential areas. Trees shall be of a type and spacing approved by
the Planning Director.
7 OTHER CONDITIONS. Conditions of Use Permit UP 95 -19 remain in effect as extended
to the expanded Use Permit UP 00 -29.
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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.
NOTICE. The conditions of project approval set forth herein include certain fees and other
exactions. Pursuant to Government Code Section 66020 (d)(1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the dedications, reservations
and exactions. The applicant is hereby further notified that the 90 day appeal period in which the
applicant may protest these fees and other exactions, pursuant to Government Code Section 66020
(a) has begun. If the applicant fails to file a protest within this 90 day period complying with all the
requirements of Section 66020, the applicant will be legally barred from later challenging such fees
or exactions.
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 16th day of January , 2001, by the following vote to wit:
AYES:
NOES: Councilmember Kerr - 1.
ABSENT: Mayor Appezzato
ABSTENTIONS: None.
Council embers Daysog, DeWitt and Johnson - 3.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
17th day of January , 2001.
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Diane Felsch, City Clerk
City of Alameda