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Resolution 13886CITY OF ALAMEDA RESOLUTION NO. 1 3 8 8 6 UPHOLDING THE PLANNING BOARD OF THE CITY OF ALAMEDA'S DECISION TO APPROVE DESIGN REVIEW DR05 -0028 AND USE PERMIT UP05 -0008 FOR THE PROPOSED NEW CIVIC CENTER PARKING GARAGE WHEREAS, an application was made by the City of Alameda (Development Services Department) for a Use Permit for construction of a new 352 -space parking structure and Final Design Review, including consideration of Section 106 findings, at 1416 Oak Street, the corner of Oak Street and Central Avenue, generally on the Video Maniacs site; and WHEREAS, the subject property is located in the C -C- Theater (Community Commercial - Theater) District; and 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 :l It time there has been no change to the project or substantial changes in circumstances or new information that would warrant subsequent environmental analysis in accordance with CEQA Guidelines Section 15162; and WHEREAS, the Planning Board held a public hearing on the proposal on 27 June 2005and approved the Use Permit and Design Review: and WHEREAS, Ani Dinusheva and Valerie Ruma appealed the approvals 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 has made the following findings relative to the Use Permit: 1 The location of the proposed garage is compatible with other land uses in the general neighborhood area. The parking garage will support the proposed reuse of the Alameda Theater and the new Cineplex. Other uses in the area include complimentary retail and institutional uses. 2. The proposed use will be served by adequate transportation and service facilities. As mitigated by improvements required by the IS/MND, the project will not impact local intersections. With the mitigations in the Mitigation Monitoring Reporting Program adopted for the Development acrd Disposition Agreement, the impacts to traffic circulation can be brought to a satisfactory level of service. 3. The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other 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. 4. The proposed use relates favorable to the General Plan. The proposed parking garage is consistent with the site's General Plan designation of Community Commercial and would be consistent with Policy 2.5.1. WHEREAS, the City Council has made the following findings relative to the Design Review: 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 brought to a 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 garage will be compatible and harmonious with the design and use of surrounding properties. 3. The project will be consistent with the City's Design Review Guidelines. The project meets the intent of the City's Design Guidelines with building height, massing setbacks and finishes which are reflective and respective of existing historic and architecturally significant in the vicinity. THEREFORE BE. IT RESOLVED that the City Council of City of Alameda hereby upholds the Planning Board's approval of Use Permit UP05 -0008 and Design Review DR05 -0028 subject to the following conditions: 1. The project shall be constructed in substantial conformity with plans titled "Oak Street Public Parking Garage" dated June 7, 2005, prepared by Michael Stanton Architecture, labeled Exhibit A and on file with the Planning and Building Department as modified below. 2. Prior to the issuance of any building permit for the Public Garage, the Planning Board shall approve the final lighting plan, signage program and landscaping plan for the parking garage. The final lighting plan shall be prepared by a professional lighting designer. 3. The interior illumination of the garage shall meet these minimum standards: • Minimum Horizontal Illumination is 1 foot - candle. • The Minimum Horizontal Uniformity is 10:1 (Maximum/Minimum). • The Minimum Vertical Illumination is .5 foot - candles. 4. The Public Art Committee shall approve the designs and dimension of the proposed temporary mural on the north elevation of the Public Garage. 5. The minimum width of the proposed sidewalk along Oak Street shall be 10 feet wide. 6. Textured and colored pavement shall be installed along mouth of garage to the satisfaction of the Planning and Building Director. 7. A decorative brick framing shall surround the proposed poster display boxes to the satisfaction of the Planning and Building Director. 8. The Oak Street elevation of the parking garage shall be revised to provide additional vertical elements in the style of the parking garage pictures of the Walnut Creek parking garage provided by the Alameda Architectural Preservation Society. The new elevation shall be submitted to and approved by the Planning and Building Director. 9. 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. 10. Constniction 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. 11. Constnuction 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. Lara Weisiger, City Clek City of Alameda