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Resolution 13059CITY OF ALAMEDA RESOLUTION NO.13059 ADOPTING A NEGATIVE DECLARATION FOR ZONING TEXT AMENDMENT, ZA -98 -3, WHICH AMENDS ALAMEDA MUNICIPAL CODE TO ADOPT REGULATIONS AND STANDARDS FOR ESTABLISHING AND OPERATING WORK/LIVE STUDIOS AS A COMMERCIAL USE. WHEREAS, the City of Alameda Planning Board has initiated a Zoning Text Amendment to set forth regulations and standards for establishing and operating work/live studios as a conditionally permitted use in existing commercial or industrial buildings in specified zoning districts; and WHEREAS, the proposed text amendment is consistent with the Alameda General Plan which proposes work/live development in _ the Northern Waterfront and other specified manufacturing and industrial zoning districts; and WHEREAS, pursuant to the California Environmental Quality Act, a proposed Negative Declaration was prepared and circulated for public comment between October 6, 1998 and October 26, 1998 and two public comments were received as follows: 1. A form from East Bay Municipal Utilities District entitled, "Review of Agency Planning Application," dated 10/19/98 which identifies no impacts, and 2. A letter from Lozano, Smith, Smith Woliver & Behrens, representing the Alameda Unified School District, dated October 23, 1998 which advises that they believe the Proposed Negative Declaration is legally insufficient and fails to adequately identify the school facility- related impact; and WHEREAS, the Board held a public hearing on this proposed regulation on October 26, 1998, and considered testimony and other pertinent documents; and WHEREAS, at the Planning Board hearing, City staff provided verbal responses to the letter, demonstrating to the Board's satisfaction that the Negative Declaration was in fact adequate in addressing the school facility- related impact, which response was subsequently provided in writing in a memorandum dated October 28, 1998 and is incorporated herein by reference; and WHEREAS, the Planning Board recommended to the City Council that the Negative Declaration be adopted; and WHEREAS, the Council has made the following findings: The project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below 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 pre- history because the proposed amendment would encourage the preservation of structure of potential architectural and historical significance by allowing their economic use. 2. The project does not have the potential to achieve short- teti 1, to the disadvantage of long- teini, environmental goals because the proposed amendment would encourage the preservation and reuse of existing structure for uses that are consistent with adopted plan policies. 3. The project does not involve impacts which are individually limited or cumulatively considerable because the proposed amendment would encourage the adaptive reuse of existing structures. Individual projects would require discretionary permits that are subject to review in compliance with CEQA unless deemed categorically exempt. 4. The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly because the proposed amendment would reuse existing structures and includes standards and findings to avoid adverse impacts as part of the regulations; and WHEREAS the City Council has made a finding that the proposal would have no effect on fish and game resources because the proposed Zoning Amendment is restricted to existing commercial or industrial structures in a fully developed area with no habitat for fish or game resources; NOW, THEREFORE BE IT RESOLVED that the Council of the City of Alameda hereby adopts Negative Declaration, IS -98 -7, finding that the project will be no significant impacts on the environment. g: \specproj \workly \ccnegdec.res 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 adjourned regular meeting assembled on the 10th day of November , 1998, by the following vote to wit: AYES: Councilmembers DeWitt, Kerr, and Lucas - 3. NOES: Councilmember Daysog and President Appezzato - 2. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 12th day of November , 1998. DiarYe Felsch, City Clerk City of Alameda