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Resolution 12673CITY OF ALAMEDA RESOLUTION 12673 ADOPTING MITIGATED NEGATIVE DECLARATION, IS -95 -2, FOR THE RESTORATION OF THE HISTORIC ALAMEDA THEATRE AND THE ADDITION OF FOUR SMALLER AUDITORIUMS ON THE WEST SIDE OF THE EXISTING BUILDING, INCLUDING A REZONING OF THE PARCEL AT 2317 CENTRAL AVENUE FROM C -2 (CENTRAL BUSINESS DISTRICT) TO C -2 -PD (CENTRAL BUSINESS DISTRICT WITH PLANNED DEVELOPMENT COMBINING DISTRICT); A PLANNED DEVELOPMENT FOR A SIGN PROGRAM; PAYMENT OF PARKING FEES IN LIEU OF 70 SPACES; AND DESIGN REVIEW WHEREAS, an application was made by Alameda Theatre, Inc. /Renaissance Rialto, Inc. on March 6, 1995, for an Initial Study, IS -95 -2, to determine the potential environmental effects that would be associated with a proposal to restore the historic Alameda Theatre and add four smaller auditoriums to the existing building at 2317 Central Avenue; to amend the Zoning Ordinance (R -95 -1) to rezone the property from C -2 (Community Commercial District) to C -2 -PD (Central Business District with Planned Development Combining District; to approve a Planned Development Sign Program, Payment of Parking Fees In Lieu of 70 Spaces and Design Review; and WHEREAS, a proposed Negative Declaration was circulated for public comment between May 26 and June 26, 1995, and no comments were received; and WHEREAS, the Planning Board held a public hearing on this application on June 26, 1995, and recommended to the City Council that a Negative Declaration be adopted; and WHEREAS, the City Council held a meeting on this application on July 3, 1995, and has examined pertinent maps and documents and has considered the testimony during the meeting; and WHEREAS, there are potentially adverse parking impacts from the project which will be mitigated to a level of insignificance through the provision of shared parking by the applicant and by the development of either a temporary parking lot at the Linoaks site, which the City Council has approved, or equivalent interim parking facility; and WHEREAS, there are potentially adverse public safety impacts from the provision of shared parking on private lots, which will be mitigated to a level of insignificance by the provision of adequate lighting by the applicant, if necessary; and WHEREAS, the project would have de minimus impacts upon fish and wildlife resources, as specified by the State Department of Fish and Game; and WHEREAS, the City Council has made the following findings: The project does not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish and wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory, because there are no known significant biological resources on or near the site, and the project would restore a City historical monument. 2. The project does not have the potential to achieve short term, to the disadvantage of long term, environmental goals, because the project would be consistent with the City's General Plan and both short-term and long-term environmental impacts are expected to be insignificant. 3. The project does not have possible environmental effects which are individually limited but cumulatively considerable, because the project would not have any significant effects on resources either individually or cumulatively. 4. The project does not have environmental effects which will cause substantially adverse effects on human beings, either directly or indirectly. Any adverse effects on human beings, including traffic, parking, and noise, are expected to be insignificant. 5. The project is subject to the mitigation measures as set out in the Mitigation Monitoring Program, on file in the Planning Department, to assure that there will be no significant adverse environmental impacts. These measures have been incorporated into the project by the applicant. Compliance will be assured through the actions described in the attached Mitigation Monitoring Program. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Alameda adopts Mitigated Negative Declaration, IS-95-2, a determination that the project, with the incorporation of the identified mitigations, will not have any potentially significant adverse impact on the environment; and NOW, THEREFORE BE IT FURTHER RESOLVED that the Council determines that the mitigations outlined in Attachment "A," the Mitigation Monitoring Program, which the applicant has incorporated into his project, have been included in the Design Review approval for the project. MITIGATION MONITORING PROGRAM FOR THE ALAMEDA THEATRE PROJECT Mitigations to be Implemented by the Applicant: Parking Impact Mitigations 1. Impact: The identified parking mitigations of the development of an interim parking facility of approximately 110 spaces and securing the use of 89 spaces for use on weekend evening hours provides sufficient mitigation for a theatre of 1,800 seats. However, the applicant proposes to install 2,100 seats which would leave approximately 300 seats without adequate parking, until the City completes the proposed parking structure in the Civic Center area. The applicant wishes to proceed with the installation of 300 seats at this time because of the economies of purchasing and installing all the seats at one time. Mitigation: The parking impact of the additional three hundred seats can be mitigated by one, or a combination, of the following, to be in effect until the completion of the proposed Civic Center parking structure: a. identifying three hundred seats which will not be used. b. securing sufficient additional parking spaces to meet the parking demand generated by the 300 seats. c. limiting ticket sales during critical parking times so that the number of seats in use do not exceed the capacity of the available parking. The critical times have been identified as 11 a.m. to 3 p.m. weekdays (with an estimated limitation of 537 tickets at any one time) and 7 to 9 p.m. weekend evenings (with an estimated limitation of 1,400 tickets at any one time). Action: At the time of application for a Building Permit, the applicant shall enter into an agreement with the City which specifies which of the above three programs, or combination thereof, will be used to mitigate parking impacts, and how the program(s) will be administered and enforced. 2. Impact: Part of the parking demand is to be satisfied by securing additional off street parking on a shared basis. The applicant will need to arrange for the provision of off street parking to be used on a shared basis with existing businesses for weekend evenings (Friday, Saturday and Sunday after 5 p.m.). Mitigation: Prior to issuance of the building permits, the applicant shall enter into an agreement with the City of Alameda, undertaking to secure the necessary agreements for the shared parking prior to occupancy. ATTACHMENT "A" Action: The City of Alameda will review and approve the shared parking agreements prior to approval of the Certificate of Occupancy. Police Protection Mitigations 1. Impact: The Police Department has expressed concern that the lighting levels in the shared parking lots, which have not yet been identified, may be insufficient to meet public safety needs for use of patrons of the theatre in evening hours. Mitigation: All shared parking areas shall be adequately lighted to assure public safety. Action: Once the sites for shared parking have been determined, the City will evaluate them to determine if they meet the City's standards for lighting in existing parking lots. If they do not, it will be the applicant's responsibility to ensure the addition of adequate lighting. Mitigations to be Implemented by the City of Alameda: Parking Impact Mitigation 1. Impact: Part of the parking demand is to be met by the development of an approximately 110 space interim parking lot at the Linoaks site, or other suitable location, which will provide parking until the completion of the proposed Civic Center parking structure. Mitigation: Prior to the issuance of a Certificate of Occupancy for the theatre, the City Manager will review the progress of the development of the Linoaks parking lot, or an equivalent facility, and will authorize the Certificate of Occupancy upon making a determination that the development is proceeding on schedule and will be completed in the near future (estimated at this time to be approximately three months). If the City Manager cannot make this determination, it will be necessary to decrease temporarily the maximum number of theatre tickets that may be sold during certain times during the week (weekdays afternoons, and weekend evenings), until the Linoaks or equivalent parking facility, is available. Action: If the City Manager cannot make the necessary finding, then the applicant will enter into an agreement with the City prior to the issuance of a Certificate of Occupancy which specifies how seating will be limited to decrease parking impacts, and how this program will be implemented. CM:aj\c:\theatre\themit.cm 2 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 special meeting assembled on the 3rd day of July , 1995, by the following vote to wit: AYES: Councilmembers Arnerich, Lucas, Mannix and President Appezzato - 4. NOES: None. ABSENT: Councilmember DeWitt - 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 5th day of July , 1995. Diane . Felsch, City Clerk City of Alameda