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Resolution 14286CITY OF ALAMEDA RESOLUTION NO. 14286 OVERTURNING THE PLANNING BOARD'S DENIAL OF A GENERAL PLAN AMENDMENT FOR THE MU2 MARINER SQUARE SPECIFIC MIXED USE AREA AND APPROVE THE GENERAL PLAN AMENDMENT WHEREAS, an application was made on March 20, 2008, by Yolande Jurzykowski, owner of real property located at 2400 Mariner Square Drive for an amendment to the General Plan to permit office use at the presently closed restaurant that formerly housed Chevy's in the MU -2 use in the MU -2 Mariner Square Mixed Use area; and WHEREAS, the Planning Board held a public hearing on this application on August 11, 2008, and continued the item until September 8, 2008 and again until September 22, 2008; and WHEREAS, the MU -2 Mariner Square Specific Mixed Use Area limits office uses east of Mariner Square Drive; and WHEREAS, the Planning Board held a public hearing on the merits of the proposed project on September 22, 2008, examined pertinent maps and documents, considered the testimony and written comments received; and WHEREAS, the Planning Board by tie vote was unable to approve or deny the General Plan Amendment, and their lack of a decision is considered a denial; and WHEREAS, the City Council now makes the following findings relative to the proposed General Plan Amendment: 1. The building has not been marketable as a restaurant since its closure in 2006. 2. The restaurant equipment was removed by Chevy's upon their departure and significant investment would be required to return the building to its former use. 3. There is an office tenant who is willing to lease the facility. 4. There has been an overall decrease in office use in the MU2 area since the construction of Cardinal Point and the boat storage facility, which removed all office use west of Mariner Square Drive. There are no office structures in the MU2 area; all offices that exist are associated with marine industrial uses. THEREFORE BE IT RESOLVED that the City Council of the City of Alameda hereby finds that the proposal is Categorically Exempt from State CEQA Guidelines, pursuant to Section 15305 Minor Alterations to Land Use Limitations. The reuse of the existing building, which was previously used for restaurant use, for office use would not result in a significant environmental impact. The proposal does not include any new construction and the traffic generated by 5,890 square feet of office use would not differ significantly from the traffic generated by the equivalent amount of restaurant use. BE IT FURTHER RESOLVED that the City Council of the City of Alameda hereby overturns the Planning Board's denial of the General Plan Amendment to amend the policies of the MU2 Mariner Square Specific Mixed Use Area of the General Plan to permit office use at 2400 Mariner Square Drive as described in Exhibit "A." 1. EXHIBIT A Table 2 -1 Assumed Development Increment: Specified Mixed Use Sites, 1990 -2010, is amended as follows: MU2 Mariner Square Residential Office Institutional (assisted living and related uses) Maritime Uses 10 Work/Live 105,000 sq. ft. aatof� �:ariner S a Drivc 100,000 sq. ft. west of Mariner Square Drive 40,000 sq. ft. boat storage, marina 2. General Plan Guiding Policies: Specified Mixed Use Areas. Policy 2.6.b is amended to read as follows: 2.6.b: Preserve the existing mix of water - related uses and add on -shore live - work space. To avoid displacing of water - related uses, office space additions are limited to 105, 000 square feet, except in the area west of Mariner Square Drive, where' up to 100,000 square feet of non -water related uses may be permitted Policy 2.6.g is amended to read as follows: 2.6g: 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. 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 18th day of November, 2008, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 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 19th day of November, 2008. Lara Weisiger, Cit [Slerk City of Alameda