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Resolution 13887CITY OF ALAMEDA RESOLUTION NO. 13 8 8 7 UPHOLDING THE PLANNING BOARD OF THE CITY OF ALAMEDA'S DECISION TO APPROVE DESIGN REVIEW DR05 -0041 THE RPOPOSED CINEPLEX AT 2305 CENTRAL AVENUE WHEREAS, an application was made by Alameda Entertainment Associates L.P. for Final Design Review, including consideration of Section 106 findings, for the proposed 7 screen Cineplex at the corner of Oak Street and Central Avenue, generally on the Video Maniacs site; and WHEREAS, the subject property is located in a C -C -T (Community Commercial, Theater cc Combining) Zoning District; and 0 WHEREAS, A Mitigated Negative Declaration was prepared and adopted on May 3, 2005 for the Alameda Theater, Cineplex and Parking Structure Project by the City Council. Since that time there has been no change to the project or substantial changes in circumstances or new infirmation that would warrant subsequent environmental analysis in accordance with CEQA Guidelines Section 15162; and WHEREAS, the Planning Board held a public hearing on this application on June 27, 2005 and approved DR -05 -0041; and WHEREAS, Ani Dinusheva and Valerie Ruma appealed the approval on 7 July 2005; and WHEREAS, the City Council held a public hearing on this appeal on 16 August 2005 and has examined pertinent maps, drawings, and documents as well as the record of the Planning Board hearing; and WHEREAS, the City Council made the following findings relative to Final Design Review, DR05 -0041: 1. The project will have no adverse effects on persons or property in the vicinity. With the mitigations in the Mitigation Monitoring Reporting Program adopted for the Development and Disposition Agreement, the impacts of this project can be reduced to a less than significant level. 2. The project will be compatible and harmonious with the design and use of surrounding properties. As modified by the staff in response to the Section 106 findings and comments from the Historical Advisory Board, the final design of the Cineplex will be compatible and harmonious with the design and use of surrounding properties. The design is consistent with state and federal historic preservation policies and standards (i.e., Secretary of Interior's Standards for Rehabilitation and Restoration). 3. The project will be consistent with the Final Design Guidelines for the Proposed Cineplex. The project meets the intent of the Design Guidelines adopted specifically for the project. THEREFORE BE IT RESOLVED that the City Council of the City of Alameda hereby upholds the Planning Board's approval of DR05 -0041 subject to the following conditions: 1. The project shall be constructed in substantial conformity with plans titled "New Alameda Multiplex Cinema ", dated June 04, 2005, prepared by The Henry Architects Inc., labeled Exhibit A and on file with the Planning and Building Department as modified below. 2. The approved elevations are those shown on sheet A -2 on the plan set labeled Exhibit A as modified below. 3. The pre -cast concrete panels shall be detailed to the satisfaction of the Planning and Building Director. 4. Brick veneer shall be installed as a separation between the pre -cast concrete panels as shown on the plans provided by the developer at the 27 June 2005 Planning Board hearing to the satisfaction of the Planning and Building Director. However, the keystone caps on the brick veneer extensions as shown on these plans are specifically not approved, although a detailed cap element in keeping with the overall architectural character to add visual interest may be acceptable to the satisfaction of the Planning and Building Director. 5. A base element shall be installed below the storefront windows to the satisfaction of the Planning and Building Director 6. All brick veneer shall be variegated. 7. The colors of the proposed Cineplex shall be compatible with the Historic Alameda Theater to the satisfaction of the Planning and Building Director. 8. Staff will provide an off - agenda report to the City Council with an analysis of placing a ticket booth in its historic location in front of the theater. The ticket booth would not have to serve as a functional ticket booth replacing the ticket booth proposed for the vestibule of the Alameda Theater. 9. The second story curved lobby window shall be revised to provide a less modem treatment to the satisfaction of the Planning and Building Director. 10. All windows and door systems shall be clear anodized aluminum to match window and door systems of the historic Alameda Theatre retail spaces. 11. All windows shall be fitted with clear, non - tinted low e glass. 12. Entries to individual retail spaces shall not be recessed, except as required by the Alameda Building Code. 13. The project shall be subject to the City of Alameda Public Art Ordinance 14. Prior to the issuance of a building permit for the Cineplex, the Planning Board shall approve the final lighting and signage program for the Cineplex. The final lighting plan shall be prepared by a professional lighting designer. 15. Prior to the issuance of any building permit for the project, the applicant shall secure a Use Permit pursuant to Section 30- 4.9(4)(g) relating to the height of the building and secure a Use Permit pursuant to Section 30 -4.22 relating to the Zoning District in which the parcel is located. 16. Vesting The use permit approval shall terminate one (1) year from the effective date of its approval, unless actual construction or alteration under valid permits has commenced within that time or the applicant applies for and is granted an extension prior to the expiration. 17. Constriction Noise Construction noise impacts shall be minimized by restricting construction activities to the daytime hours specified by the Alameda Municipal Code. The current provisions limit construction to Monday through Friday, between 7:00 a.m. to 7:00 p.m., and on Saturday between 8:00 a.m. to 5:00 p.m., with no Sunday construction. 18. Constriction Soil Control All construction contracts shall contain dust control clauses. The developer shall require that all contractors control the dust by watering exposed earth surfaces, covering trucks transporting fill to the site, and daily removal of earth or mud carried onto City streets from the project site. 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 16th day of August, 2005, by the following vote to wit: AYES: Councilmembers Gilmore, Matarrese and Mayor Johnson — 3. NOES: Councilmembers Daysog and deHaan — 2. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 17th day of August, 2005. IA) Lara Weisiger, City Cl City of Alameda