Resolution 14268CITY OF ALAMEDA RESOLUTION NO. 14268
UPHOLDING THE PLANNING BOARD'S APPROVAL OF MAJOR DESIGN
REVIEW PLN08-0090, ALLOWING THE RECONSTRUCTION OF BUILDING
1000, LOCATED IN THE ALAMEDA TOWNE CENTRE, AT 2230 SOUTH
SHORE CENTER
WHEREAS, an application was made on February 26, 2008, by Harsch
Investment Realty requesting Major Design Review approval to allow the
renovation of Building 1000 located in the Alameda Towne Centre; and
WHEREAS, the application was accepted as complete on June 10,
2008; and
WHEREAS, the subject property is designated as Community
Commercial on the General Plan Diagram; and
WHEREAS, the subject property is located in a C-2-PD, Central
Business Planned Development District; and
WHEREAS, pursuant to AMC Section 30-37.5, the Planning Board held
a public hearing on this application on July 14, 2008 and after examining all
pertinent maps, drawings, documents and testimony made the required findings
relevant to the application and then approved the Major Design Review
application; and
WHEREAS, an appeal of the July 14, 2008, Planning Board approval
was submitted to the City on July 23, 2008; and
WHEREAS, the City Council held a public hearing on this appeal on
September 2, 2008 and examined pertinent maps, drawings, documents and
testimony and then determined that the project was not subject to a Planned
Development Amendment approval; and
WHEREAS, the City Council made the following finding relevant to the
Major Design Review application:
1. The project is compatible with the site, neighboring buildings
and surroundings and promotes harmonious transitions in scale and
character between different designated land uses.
The project consists of renovation of an existing building located in an
existing shopping center. There will not be a substantial increase in
building floor area. The proposed architecture is consistent with the
design and scale of adjacent buildings and incorporates the same
elements of the recently renovated buildings throughout Alameda Towne
Centre. Plans include enhanced landscaping and pedestrian amenities
which are well integrated with existing and proposed shopping center
plans.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the
City of Alameda hereby determines that the project consists of minor alterations
to an existing retail building in an existing shopping center. It will not result in
substantial changes in floor area, building height, lighting or vehicular traffic
circulation. CEQA Guidelines Section 15301(e)(2) exempts minor alterations to
existing buildings consisting of additions of less than 10,000 square feet from
environmental review. In 2003, the City adopted a Mitigated Negative
Declaration that evaluated the effects of replacing the existing building with a
90,000 square foot building on this site. All required mitigation measures have
been implemented. Additionally, on August 11, 2008, the Planning Board
Certified the Alameda Towne Centre Expansion Project Environmental Impact
Report that evaluated an additional expansion of shopping center floor area
and included an evaluation of replacing the existing building with a 145,000
square foot Target Store. The current proposal further reduces the potential for
significant impacts.
BE IT FURTHER RESOLVED THAT the City Council of the City of
Alameda hereby approves Major Design Review PLN08 -0090 subject to the
following conditions:
1. PERMIT EXPIRATION. This approval is valid for one year.
Construction shall commence under valid permits prior to September 16,
2009. The applicant may apply for an extension of up to one year prior
to the expiration date.
2. Planning Division staff inspection is required prior to the final Building
Inspection and /or prior to the issuance of Certificate of Occupancy. The
applicant shall notify the Planning and Building Department at least four
working days prior to the requested Planning Division inspection dates.
3. All signs shall be subject to separate sign permit approval, unless
exempted by the AMC or the approved Alameda Towne Centre Sign
Program.
4. The applicant shall include additional landscaping along the western
edge of the site and / or on the west facing facade of the building to
provide a pleasant view for neighbors located on the adjacent parcel to
the west. A Landscaping Plan shall be submitted with the Building Permit
application and shall be subject to approval by the Planning and Building
Director.
5. HOLD HARMLESS. The applicant, or its successors in interest, shall
defend (with counsel reasonably acceptable to the City), indemnify, and
hold harmless the City of Alameda, its Redevelopment Agency, the
Alameda City Planning Board and their respective agents, officers, and
employees from any claim, action, or proceeding against the City of
Alameda, Alameda Redevelopment Agency, Alameda City Planning
Board and their respective agents, officers or employees to attack, set
aside, void or annul, any approval or related decision to this project.
This indemnification shall include, but is not limited to, all damages,
costs, expenses, attorney fees or expert witness fees arising out of or in
connection with the project. The City shall promptly notify the applicant
of any claim, action or proceeding and the City shall cooperate in such
defense. The City may elect, in its sole discretion, to participate in the
defense of said claim, action, or proceeding.
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
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 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 during the Regular
Meeting of the City Council on the 16th day of September, 2008, by the following vote to
wit:
AYES: Councilmembers Gilmore, Matarrese, Tam and Mayor
Johnson - 5.
NOES: Councilmember deHaan - 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 17th day of September, 2008.
Lara Weisiger, City CI
City of Alameda