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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