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Resolution 13881CITY OF ALAMEDA RESOLUTION NO.13 8 81 ADOPTING A NEGATIVE DECLARATION FOR ZA05 -0002 WHEREAS, an application was made on February 2, 2005 by Mark Haskett (Alameda Theater Project Inc:) to amend Section 30- 4.8(c) of the Alameda Zoning Ordinance to add "Boutique Theater" as a use regulated by Use Permit in C -1 zoning districts. "Boutique Theater" would be defined as "A theater with audiences of 49 persons or less for live performances or for the screening of motion pictures where there is only one screen in the theater;" and WHEREAS, the subject properties are designated as Neighborhood Business Districts on the General Plan Diagram; and 1); and WHEREAS, The subject properties are located within Neighborhood Zoning Districts (C- WHEREAS, a Negative Declaration has been prepared and provided to the public and government agencies for review from April 29, 2005 to May 19, 2005; and WHEREAS, comments were submitted by Barbara Thomas concerning the adequacy of the Initial Study / Mitigated Negative Declaration; and WHEREAS, Planning and Building staff has provided a written response to the comment letter in the staff report which is incorporated here by reference, and found that the comments did not identify new significant impacts associated with this project, did not identify new mitigation measures and the comments did not challenge the adequacy of the proposed mitigation measures; and WHEREAS, the Planning Board held a public hearing on this application on June 13, 2005, and adopted a Resolution recommending that the City Council adopt this Negative Declaration and Zoning Text Amendment; and WHEREAS, the City Council held a public ` hearing on ` July 19, 2005 and examined pertinent documents, application materials, public comments and the recommendation of the Planning Board; and WHEREAS, the City Council has made the following findings relative to this proposed Zoning Ordinance Text Amendment: 1. Adoption of the proposed Zoning Ordinance Text Amendment is consistent with the Alameda City General Plan and will not create incompatible land uses. General Plan consistency and land use compatibility have been evaluated. Boutique Theaters, as proposed, are consistent with applicable General Plan Policies (2.5.f, & k, 8.7.a, b, c & h), and would be of similar size and intensity of use as other allowed uses in Neighborhood Business Districts. (Source: Alameda City General Plan, Zoning Ordinance and attached Negative Declaration, dated April 27, 2005.) 2. Adoption of the proposed Zoning Ordinance Text Amendment will not adversely affect public health, safety, welfare or community moral standards. Potential exposure to natural and manmade hazards, interference; with emergency access and the potential to increase traffic and ambient noise levels has been evaluated and determined to be less than significant. (Source: Negative Declaration, dated April 27, 2005) 3. The Zoning Text Amendment 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 plants or animals or eliminate important examples of California history. All reasonably foreseeable adverse impacts have been evaluated pursuant to the requirements of CEQA. Potential impacts have been determined to be less than significant. (Source: Alameda City General Plan, Zoning Ordinance and attached Negative Declaration, dated April 27, 2005) The proposed amendment does not have the potential to achieve short-term, to the disadvantage of long -term, environmental goals because the Zoning Ordinance is a long -term document that implements the goals and policies established in the General Plan. The proposed amendment does not have impacts that are individually limited, but cumulatively considerable ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects.). All reasonably foreseeable adverse impacts have been evaluated pursuant to the requirements of CEQA. Potential impacts have been determined to be less than significant. (Source: Alameda City General Plan, Zoning Ordinance and attached Negative Declaration, dated April 27, 2005) The proposed project does not have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly. All reasonably foreseeable adverse impacts have been evaluated pursuant to the requirements of CEQA. Potential impacts have been determined to be less than significant. (Source: Alameda City General Plan, Zoning Ordinance and attached Negative Declaration, dated April 27, 2005) The City Council has independently reviewed and analyzed the Initial Study/ Negative Declaration, the public comments upon it, and any and all other evidence before the City Council and finds and determines that there is substantial evidence that the adoption of the Zoning Amendment will not have a significant effect on the environment. THEREFORE BE IT RESOLVED that the City Council hereby adopts the Negative Declaration and Zoning Ordinance Text Amendment ZA05 -0002 subject to the following conditions: 1. HOLD HARMLESS. The City of Alameda requires as a condition of this approval that the applicant, or its successors in interest, defend, indemnify, and hold harmless the City of Alameda or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, and employees to attack, set aside, void, or annul, an approval of the City concerning the subject properties. The City of Alameda shall notify the applicant of any claim, action or proceeding and the City shall cooperate in the defense. If the City fails to promptly notify the applicant of any claim, action, or proceeding, or the City fails to cooperate in the defense, the applicant shall not hereafter be responsible to defend, indemnify, or hold harmless the City. 2. All Time and Material charges for this application shall be paid in full within 30 days of the effective date of this Zoning Ordinance Amendment. 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 the regular meeting of the City Council on the 19th day of July, 2005, by the following vote to wit: AYES: Councilmembers Daysog, deHaan, Matarrese and Mayor Johnson — 4. NOES: Vice Mayor Gilmore -1. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of July, 2005. Lara Weisiger, City 1``'-rk City of Alameda