Resolution 13907CITY OF ALAMEDA RESOLUTION NO. 13907
UPHOLDING THE PLANNING BOARD'S APPROVAL OF USE PERMIT UP05-
E 0018 FOR: A) MULTI - SCREEN THEATER, LIVE THEATER, AND PUBLIC
}, ASSEMBLY USE IN THE C -C T DISTRICT PURSUANT TO AMC
w SUBSECTION 30 -4.22; B) FIFTY EIGHT FOOT (58') BUILDING HEIGHT FOR
cc THE CINEPLEX PURSUANT TO AMC SUBSECTION 30- 4.9A.G.2; AND C)
cc ® EXTENDED HOURS OF OPERATION UNTIL 3:00 A.M. FOR 24 DAYS PER
- YEAR FOR THE THEATER PURSUANT TO AMC SUBSECTION 30-
4.9A.C.1(A) FOR OCCASIONAL SPECIAL EVENTS AND SCREENINGS.
9- THE SITE IS LOCATED AT 2305 -2317 CENTRAL AVENUE WITHIN THE C -C
v T, COMMUNITY COMMERCIAL THEATER COMBINING DISTRICT.
WHEREAS, an application was made by Alameda Entertainment
Associates L.P. ( "Applicant ") for the following: a) multi- screen theater, live
theater, and public assembly use in the C -C T district pursuant to AMC
Subsection 30 -4.22; b) fifty eight (58') foot building height for the Cineplex
pursuant to AMC Subsection 30- 4.9A.g.2; and c) extended hours of operation
until 3:00 a.m. for the theater pursuant to AMC Subsection 30- 4.9A.c.1(a) for
occasional special events and screenings ( "Project ") at 2305 -2317 Central
Avenue, the corner of Oak Street and Central Avenue, generally on the
previous Video Maniacs site; and
WHEREAS, the subject property is located in the C -C T, Community
Commercial Theater Combining 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 that 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 application was deemed complete on September 6, 2005
pursuant to Government Code 65943 (Permit Streamlining Act).
WHEREAS, Final Design Review of the proposed Cineplex was approved
by the Planning Board on June 27, 2005 and upheld by the City Council on
August 16, 2005 upon an appeal; and
WHEREAS, the Planning Board has held a public hearing on the Use
Permit application during a Special Meeting on September 29, 2005 and has
examined pertinent maps, drawings, and documents, and conditionally approved
the Project; and
WHEREAS, on October 10, 2005 Ani Dimusheva and Robert Gavrich on
behalf of Citizens for a Megaplex Free Alameda filed an appeal of the Planning
Board's approval; and
WHEREAS, on November 1, 2005 the City Council of the City of Alameda
held a public hearing for the appeal of the Planning Board's approval and
examined pertinent 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 for the multi- screen theater, live theater, and public assembly
use:
1. The location of the proposed project is compatible with other land
uses in the general neighborhood area.
Multi- screen theater uses are complementary to other businesses in the
Downtown area because a theater draws people to the area and allows them to
cross - patronize other businesses. The project involves the restoration of an
existing vacant Theater, which is crucial in developing a synergy with nearby
retail uses to invigorate the Park Street commercial district. Furthermore, the
proposed project would strengthen the existing civic and cultural center in the
Downtown.
2. The proposed use will be served by adequate transportation and
service facilities.
This finding can be made because the proposed adjacent parking garage will
contain approximately 350 parking spaces with additional bicycle parking to
meet the parking demand for the project. The project will be adequately served
by existing transportation facilities, such as AC Transit bus service, and
available parking.
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.
Theater uses are complementary to other retail uses and would not adversely
affect other property in the vicinity. The project will be conditioned to require
submission of a queuing plan to ensure orderly assemblage and to maintain
adequate pedestrian passage space on the sidewalk.
4. The proposed use relates favorably to the General Plan.
General Plan Policy 3.4.c for the Civic Center identifies the need for a list of
desired civic center spaces, and suggests spaces including a new theater.
Furthermore, Policy 6.4.b "encourages the use of an existing architecturally
distinguished building as an arts center," alluding to the City's desire for a
cultural space that the restored Alameda Theater and proposed Cineplex can
provide.
WHEREAS, the City Council has made the following findings relative to
the Use Permit for the extended hours of operation for the proposed theater
use:
1. The location of the proposed project is compatible with other land
uses in the general neighborhood area.
Multi- screen theater uses are complementary to other retail businesses
because they draw people to the area and allow them to cross - patronize other
businesses. The theater use also offers variety to existing patrons and
provides entertainment options that may extend their stay from dining and
shopping. The proposed extension of hours on special occasions for the
theater operation would offer a significant evening entertainment draw to
Downtown and could support existing and potentially new complementary uses
such as restaurants, cafes and other nighttime entertainment venues within the
Park Street Business District.
2. The proposed use will be served by adequate transportation and
service facilities.
This finding can be made because the parking garage will contain
approximately 350 parking spaces with additional bicycle parking and to meet
the parking demand for the project. Twenty four -hour AC Transit bus service is
available on route 51, and routes 50 and 63 provide bus service until 1:00 a.m.
Therefore, adequate transportation and service facilities are available to serve
users of the theater during the occasional extended hours.
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.
Theater uses are complementary to other retail uses and would not adversely
affect other property in the vicinity.
4. The proposed use relates favorably to the General Plan.
The extended hours of operation are consistent with the Downtown Vision Plan,
which calls for cultural and entertainment venues providing both day and
evening activity along and around Park Street. The Downtown Vision Plan was
adopted by the City in 2000 to implement General Plan guidelines for retail
businesses and services. Therefore, the proposed extended hours of operation
relates favorably to the General Plan.
WHEREAS, the City Council has made the following findings relative to
the Use Permit for the extended building height of up to 58 feet for the new
Cineplex building:
1. The location of the proposed project is compatible with other land
uses in the general neighborhood area.
The proposed height of the Cineplex is compatible with other land uses in the
vicinity because its height of 58 feet at the top of the rounded corner and 54
feet at the top of the parapet is within the range of other building heights in the
surrounding area.
2. The proposed use will be served by adequate transportation and
service facilities.
The proposed height does not affect transportation or service facilities.
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.
The shading analysis of the project identified no significant adverse shading
impact on neighboring properties.
4. The proposed use relates favorably to the General Plan.
General Plan Policy 3.4.a indicates that the area surrounding City Hall should
be developed as an identifiable civic center, and the proposed Cineplex
building, with a height similar to other buildings in the vicinity, relates favorably
to this policy. The proposed Cineplex height is consistent with other building
heights within the area.
WHEREAS, on May 3, 2005, the City Council adopted an Initial Study
( "IS ") and Environmental Assessment ( "EA ") for the Alameda Theater, Cineplex
and Parking Structure project (State Clearinghouse No. #2004 -122 -042), and
adopted a Mitigated Negative Declaration ( "MND "), adopted and incorporated
into the project all of the mitigation measures within the responsibility and
jurisdiction of the City, and adopted a Mitigation Monitoring Program.
WHEREAS, the Use Permit is a subsequent approval required to
implement the Alameda Theater and Cineplex project and was fully analyzed in
and contemplated by the analysis in the Initial Study /Environmental
Assessment.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City
of Alameda, having independently reviewed the adopted Initial
Study /Environmental Assessment, hereby finds that no subsequent or
supplemental environmental review is required, pursuant to Public Resources
Code section 21166 and CEQA Guidelines sections 15162, because:
There have been no substantial changes in the project that
require major revisions of the previous Initial Study /Environmental
Assessment due to the involvement of new significant environmental
impacts or a substantial increase of the severity of previously identified
significant effects;
ii. There have been no substantial changes with respect to the
circumstances under which the project is undertaken which will require
major revisions of the previous Initial Study /Environmental Assessment
due to the involvement of new significant environmental impacts or a
substantial increase of the severity of previously identified significant
effects; and
There is no new information showing that the project will have one
or more significant effects not discussed in the previous Initial
Study /Environmental Assessment, or that significant effects previously
examined will be substantially more severe than shown in the previous
Initial Study /Environmental Assessment.
THEREFORE BE IT RESOLVED that the City Council denies the appeal
and upholds the Planning Board's approval of Use Permit UP05 -0018 for: a)
multi- screen theater, live theater, and public assembly use in the C -C T district;
b) fifty eight (58') foot building height for the Cineplex; and c) extended hours of
operation until 3:00 a.m. for the theater for occasional special events and
screenings, subject to the following conditions:
1. QUEUING. Prior to issuance of building permits, the applicant shall
submit to the Planning and Building Department a plan /diagram that
clearly identifies the configuration of queuing lines associated with the
ticket office as well as lines for ticket holders waiting to enter the theater
and shall specifically address nighttime queuing. The queuing plan shall
be reviewed by the Public Works Director, Planning and Building
Director, and the Chief of Police, and shall specifically address overnight
queuing, and the cost of extra police services, if and when necessary,
shall be borne by the applicant.
2 HOURS OF OPERATION. Ticket sales shall be limited to the hours
between 7:00 a.m. to 11:00 p.m. seven days a week. The latest movie
screening shall be no later than 11:00 p.m. and the ticket sales shall end
at the same time. Hours for all other events such as live performances,
public assemblies and similar functions shall be limited to 12:00 a.m.
3 BLOCKBUSTER RELEASES AND SPECIAL VENUES. Notwithstanding
the hours specified under Condition #2, the hours of operation for the
theater may be extended to 3:00 a.m. for up to 24 days per year, subject
to the following:
a. The Tate -night screenings shall be limited to four screens on the
ground floor of the theater.
b. The extended hours shall be limited to initial releases of new first -
run movies.
c. The latest movie screening shall be no later than 12:15 a.m., and
ticket sales shall end no later than 12:30 a.m.
d. Upon request, the theater operator shall provide to the City a
schedule identifying when movie screenings occurred and the
frequency of movie screenings occurring after 11:00 p.m. during
the year.
e. The extended hours of operation for the theater use shall be
reviewed by the Planning Board after twelve (12) late -night
screenings, or one year, whichever comes first. It shall be the
applicant's responsibility to initiate the process for Planning Board
review within 30 days after either of the above has occurred. The
applicant shall bear the costs for staff time and materials
associated with this review.
The 24 days shall not include the 12 days designated for City use of the
theater as specified in the Disposition and Development Agreement.
4. TIME AND MATERIALS All Time and Materials charges shall be paid in
full prior to issuance of building permits.
5 VESTING. The Use Permit approval shall terminate two (2) years from
the effective date of its approval pursuant to AMC Subsection 30 -21.9,
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.
6. REVOCATION This Use Permit for the theater use and extended hours
of operation may be modified or revoked by the Planning Board,
pursuant to Alameda Municipal Code Section 30 -21.3d should the Board
determine that: 1) the use or conditions under which it is being operated
or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity; 2) the property is
operated or maintained so as to constitute a public nuisance; or 3) the
use is operated in violation of the conditions of the Use Permit.
7. 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 property. The City of
Alameda shall promptly notify the applicant of any claim, action or
proceeding and the City shall cooperate in the defense. If the City fails
to 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.
8. ACKNOWLEDGMENT OF CONDITIONS. The applicant shall
acknowledge in writing all conditions of approval and accept this permit
subject to conditions, with full awareness of applicable provisions of the
Alameda Municipal Code for this approval to be exercised.
NOTICE. No judicial proceedings subject to review pursuant to
California Code of Civil Procedure Section 1094.5 may be prosecuted more
than ninety (90) days following the date of this decision plus extensions
authorized by California Code of Civil Procedure Section 1094.6.
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 1st day of November, 2005, by the following vote to wit:
AYES: Councilmembers Gilmore, Matarrese and Mayor Johnson — 3.
NOES: Councilmember Daysog —1.
ABSENT: None.
ABSTENTIONS: Councilmember deHaan —1.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 2nd day of November, 2005.
We
Lara Weisiger, City Clerk
City of Alameda