Resolution 14071CITY OF ALAMEDA RESOLUTION NO. 14071
AMENDING CITY OF ALAMEDA RESOLUTION NO. 13907 TO CHANGE THE
TIMING OF COMPLIANCE FOR THE QUEUING PLAN CONDITION OF
APPROVAL FOR USE PERMIT UP05-0018 FROM "PRIOR TO ISSUANCE OF
BUILDING PERMIT" TO "PRIOR TO THE ISSUANCE OF A TEMPORARY
CERTIFICATE OF OCCUPANCY."
WHEREAS, on November 1, 2005 the City Council of the City of Alameda
approved City of Alameda Resolution No. 13907 and upheld the Planning
Board's approval of Use Permit UP05-0018 for a) multi-screen theater, live
theater, and public assembly use in the C-C T district pursuant to AMC
Subsection 30-4.22; b) fifty eight (58') foot building height for the Cineplex
pursuant to AMC Subsection 30-4.9A.g.2; and c) extended hours of operation
until 3:00 a.m. for the theater pursuant to AMC Subsection 30-4.9A.c.1(a) for
occasional special events and screenings ("Project") at 2305-2317 Central
Avenue, the corner of Oak Street and Central Avenue, generally on the
previous Video Maniacs site; 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. 13907 included a "Queuing" Condition of
Approval that required the applicant submit to the Planning and Building
Department a plan/diagram that clearly identifies the configuration of queuing
lines associated with the ticket office as well as lines for ticket holders waiting to
enter the theater and shall specifically address nighttime queuing prior to
issuance of a building permit; and
WHEREAS, queuing is an operational issue, not construction-related,
and should be linked to temporary certificate of occupancy, not issuance of a
building permit; and
WHEREAS, the Applicant has requested additional time to develop a
complete and thorough queuing plan for review by the various City
Departments.
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:
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
iii.
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 1 for Use Permit UP05 -0018 in the following manner
1 QUEUING. Prior to issuance of a temporary certificate of occupancy,
the applicant shall, submit to the Planning and Building Department a
plan /diagram that clearly identifies the configuration of queuing lines
associated with the ticket office, as well as lines for ticket holders waiting
to enter the theater and shall specifically address nighttime queuing.
The queuing plan shall be reviewed by the Public Works Director,
Planning and Building Director, and the Chief of Police, and shall
specifically address overnight queuing, and the cost of extra police
services, if and when necessary, shall be borne by the applicant.
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.
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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 20th day of February 2007, by the following vote to
wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES:
ABSENT:
None.
None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 21st day of February, 2007.
Lara Weisiger, City CI rk
City of Alameda