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