2008-08-19 5-B SubmittalsCITY OF ALAMEDA
Speaker Sli
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AGENDA ITEM #
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(For appeals; check "In Favor" of appeal or "Not In Favor" of appeall
AGENDA ITEM # 6 , ORAL CON~ICJNICATIONS ~ items not on agenda 7
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Submitted by Donna Talbot at the
08-19-08 Council Meeting
Re: Agenda Item 5-B
Appeal Requirements
- The AMC states that a Notice of Appeal must be filed no later than ten {10) days following the
decision of the Planning Board.
- The AMC states that "in filing an appeal, the applicant shall specrficallp state the reasons ar
justi~icotion far an appeal."
- The AAPS filed the reasans far their appeal thirty one days after the Planning Boards approval
and twenty one days after the due date for filing the appeal.
- The Guide should be used as a tool by the Planning Department. The AMC states that the
Design Review Staff may determine compliance with Development regulations by determining
the consistency of the project with the principle and standards of the design review manual.
The word "Shall" is defined in the AMC as mandatory and not directory. The word "May"
indicates that Staff is permitted to use the Guide in making determinations but is nat a
requirement.
~ The City Council should consider rejecting jurisdiction over the appeal.
U\,~.~ OF ALAMF~
PETITION FOR APPEAL
PLANING&BUILDING
This petition is hereby filed as an appeal of the decision ofthe:
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Planning and Building DirectarlPlanning BoardlHistoricalAdvlsory BaardlAppeals Board}
for application
(DeniedlGrantedlEstabiished Conditions}
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~ number ~ ~
~Applicatian Type} ~ Application Number}
at ~J~ ~. ~ ~ ~I ~ ~ V
Street Address}
On ~ 2~ ~
(Specify D to of Action)
The basis of the appeal is:
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Appellant Names)}
Address Gl a (,~1~~ ~Ti~~vr~,/1 .~S ~/c+ cL1:7 ; lD
Appellant Address} ~' J
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I hereb a ree to a the Cit of Alameda all in ' `~
y 9 p y y curred costs for staff time and materials assoaated with review
and processing of the subject appeal even if the appeal is withdrawn or not approved. I understand that one ar
more deposits will be required to cover the cost noted herein at such time as required by the Planning and
Building Director to ensure there are adequate funds to cover anticipated time and materials costs related to the
appeal. I expressl aclCCfla~~Wledg a agree to pay a written invoice for additional funds within ~4 days of date at
invoice. _ f 1
Signed; `~ ~/ V
(Appel) t Signatures}
For Office Use Only} Date Received Stamp
Received By:
Receipt No.:
RECE~V~D
.~
JUL 0. ~ Z008
hich
PERMIT CENTER
ALAMEDA, CA 94501
G:1PL4NNINGIFORM5IAPPEAl.01.UVPD
3 0 ; 25.2 Final Decisions. P a ~T ~ ~ o t ~
CHAPTER X.~JC DEVELGf'MENT REGULATIGNS
30 25 APPEALS GR CALLS FOR REVIEW.
3~~Za.2 ~ina~ Decisions.
a. Final Decision of the Zoning Administrator. Any decision of the Zoning Administrator shall be final on
the date of the decision, unless any person aggrieved or by any a€hcer, agency, or department of the
City affected by any decision of the Zoning Administrator, fifes a Notice of Appeal with the Planning
Department no later than ten ~1 ~}days following the decision or a City cvuncilmember files a call for
review with the'Planning Department no later than ten ~~ D) days fallowing the decision. Decisions that
are appealed or called for review shat! not become effective unfit the appeal or call for review is resolved
by the appropriate City body.
b. Final Decision of the Planning Board or Historical Advisory Board. Any decision of the Planning Bflard
or Historical Advisory Board shall ~ final on the date of the decision, unless any person aggrieved ar by
any officer, agency, ar department of the City affected by any decision of the Planning Board or
Historical Advisory Board, files a Notice of Appeal with the Planning Department nv later than ten ~1 ~7
days fvllovnng the deas~an or a City eounalmember files a call.fvr review with the Planning Department
no later than ten ~~ fly days following. the decision. Decisions that are appealed or called for review shall
not became effe'~ive until the appeal or call for review is resolved by the appropriate City body.
c. Dina! Dec~s~on of the City Gounc-!. A deas~on by the City Council regarding an appeal or call for
review shall become final an the date of the deasivn subject to judiaal review pursuant to California
Code of Civil Procedure Serbian X894.5. Any petifion for judicial review is subject t4 the provisions of
California Code ~of Civil Procedure Section X094.6 after the date of the City Counc'il's decision.
d. Fnd of Appeal or Ca!! for Review Period Vl~hen the end of an appeal ar call far review period falls an
a weekend or a statutory holiday, the period shall avn#inue unfit the firs# working day thereafter; Grd.
No. X794 N.S.; ord. No. '1836 N.S.; Grd. No. 2025 N.S.; Grd. No. 2625 N.S. ~ ~; Grd. Nv. 2733 N.S. ~ 2;
Grd. No. 2020 N.S. § 32}
~~~-° « revious ~ ems?
http://~vww.cz.a~amed~.ca.usJcodc/ DATAITTTLE3~130 ZS APPEALS 4R BALLS FQR RE~1'... 8l~ ~I2DD8
3~-25.4 initiation ofAppeals and Cads for Review. Pa~c ~ of
CHAPTER iCX)C DEVELOPMENT REGULATIONS
30-25 APPEALS QR CALLS FGR REVIE~IV.
30-25.4 lnifaa~on of Appeals and Calls for Review.
a. Appeals afAcfions of the Planning Directar..An appeal to the Planning Board concerning actions of a
Planning director deasion shall be filed in wnttng with the Planning Department and shall be
accompanied by the required fees. In filing an appeal, the appellant shall specifically state the reasans
ar ~ustif~ca#ion for an appeal.
b. Appeals of Actions of the Zoning Adminis#raafor. An appeal to the Planning Board concem~ng ac#ions
of the Zoning Administrator shall be filed in writing with the Planning Department and shall be
accompanied by the required fees. In filing an appeal, the appellant shall specifically state the reasons
or justrficafion for an appeal.
c. Appeals of Ac#~orrs of the Plannlr~g Board or Historical Advisory Board. An appeal to the City Cvuncii
concerning actians of the Planning Board ar Historical Advisory Board decision shall be filed in willing
with the Planning Department and shall be accompanied by the r~uired fees. In filing an appeal, the
applicant shall specifically state the reasons or jusfificafion for an appeal.
d. Calls for Review. A call for review shall be filed with the Planning Department by the Planning Board,
the City Counal, or a member of either body by staling the reasons or jusfification for the review. No fee
shall be required for a call fvr review. {Ord. No. 2133 N.S. § 2; Ord. No. 2928 N.S. ~ 34}
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b#tp:llwww.ci.a~ameda,ca.uslcode/ DATArT~TLE3U13~?5 APPEALS ~R CALLS FAR REV... Sly GI?QQ~
34-~ DEFZN~TX~NS. Pale ~ o~.[~
CHAPTER lCX~ DEVELaPMENT REGULATIONS
3~-1 ZGNING PLAN.
3a~Z DEF~NITI~NS,
a. Words used in the present tense include the future, words in the singular number include the plural,
and wards in the plural number include the singular; the word "building includes the word °structure",
and the word "shall is mandatary and not directory. Gity Gouncil shall mean the City Council of the City
of Alameda, and Planning Board shall mean the Planning Board of the City of Alameda. Cit~r shall mean
the incorporated area of the City of Alameda. honing Adminisfi^afor shall mean the Planning Director, or
such person as helshe may, with the prior approval of the Planning Board, designate, who shall
administer and interpret the provisions of the zoning regulations and perform other duties as prescribed
herein. other terms not specifically mentioned hereabove shall have the meanings ascribed to them by
the Charter and this Code.
b. As used in this chapter:
Accessory building shall mean a detached subordinate building, any part of which is within a required
minimum yard of the subject Zoning district, and the use flf which is incidental to that of the main
building on the same lot, ar to the use of the land. For properties within a Residential zone, or with a
Residential use, the use of such accessory buildings is restricted to garages, carports, storage sheds,
and similar buildings which are found by the Building Official to conform to the °[!~ ~utility~ occupancy
classification.
Accessory use shall mean a use of a building which is inadental or subordinate to the principal use yr
building located upon the same lot.
Agency shall mean an office or cammer~ial establishment in which goods, material or equiprr~nt are
received for servicing, treatment or processing elsewhere.
Alley shall mean a public or permanent private way or lane less than forty ~~~'} feet in width which
affords a secondary means of access to abutting properly.
Anchor out shall mean and refer to houseboats orlive-aboard boats moored ar anchored offshore
~•~ and not in an authorized commercial manna. ~IVate: Anchor~uts, other than transient boats, are not
permitted.
Antenna, Satellite dish shall mean a dish~shaped device designed t4 receive television signals
transmitted from orbiting sate~ites, as well as ail suppor4ng equipment necessary to install or mount the
antenna.
Balcony shall mean a plaffonn enclosed by a railing or balustrade projecting from the exterior wall of a
building, accessible only from the interior of the building.
Banks, savings and loan services shall mean financial institufions that provide retail banlang services to
individuals and businesses. These institutions include banks, savings and loans, credit unions, secur~y
brokers and real property lending institutions. It does not include check cashing ar payday advance
uses,
Bar shall mean a place where alcoholic beverages are sold in unpackaged form for consumption on the
premises, does not include food prepared in a kitchen kxated an the premises and does not adroit
persons under the age of twenty~ne X21}. This classification includes businesses wiffi Ak~vholic
Beverage Control ABC} licenses 4U, 42, ~8, 49, or B~ .
Bay window shall mean an architectural projection built out from a wall, with windows and without any,
or very limited, solid wall area on the longest wall of the pra~eCkion itself.
Bed and breakfast faality shall mean a building or portion thereof or group of buildings containing roams
used, designed or intended. to be used, let or hired out for acaipancy by transient guests for
compensation or profit, and subject to all regulations listed below:
~. A use permit shall be obtained where required.
~. Parking shall be provided in accordance wish Section 3D-T of the zoning regulations.
3. Signs shall be permitted in accordance with Section ~D-fi of the zoning regulations.
4. Design review shall be required for interior and exterior modifications of the structures and gr+aunds.
5. Any structure proposed for a bed and breakfast faality steal! be fisted in the City's historical building
list as an °N° designated struckire.
fi. Open space shall be provided as required by the zoning distric# in which the bed and breakfast facility
is located.
http:llv~ww.ci.a~ameda.ca.uslcadel DATAI'TYTLE34134 f ZGNfNG ~'~.AN 134 2 DEFIN~TTO... 811 ~1~045
30-37.5 Req~iremenfs. Pa~e ~ of ~
CHAPTER XXX DEVELQPMENT REGULATIONS
3d-37 DESIGN REVIE~IV REGULATIONS.
34-37.5 Requirements.
a. Projects must be compatible with their site, any adjacent or neighboring buildings or surroundings and
promote harmonious transi#ions in scale and character in areas between different designated land uses.
b. Projects which do not meet the requirements of paragraph a. shall be presumed de~imental to either
existing property values or the growth of praper#y values in the vicinity of the project.
c. The Design Review Staff may determine compliance with paragraph a, by determining the
consistency of the project with the principles and standards of the design review manual. Ord. No. ~ 8~~
N.S.}
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http:Ilw~v.c~.a~ameda.ca.uslcodel DATAIT~TLE3o13fl 37 DES~~N RE'~IE~ REGULATIDI~.., ~1~ 512008
a
3D-38.5 Design Review Manua; Preparafion by Design Review Sfaff. Pa~r~ 1 of
CHAPTER ~CX.X DEVELGPMENT REGULATIGNS
3D 38 SPECIAL PROVISIONS.
3038,5 Design Review Manual; Preparation by Design Review Staff.
It shat! be the duty of the Design Review Staff: to prepare a Design Review Manual that wil! provide
guidance to applicants seeking to comply with subsection 38-31.5a of this article. The Manual may
separate residential, commercial and industrial uses by sections or constitute a separate Manual for
each of the uses. Graphic illustrafians may be used as examples of goad of bad design and such
examples need not be limited to improvements within the City. The Manual may be revised as
experience dictates and examples of approved projects considered successful by the staff should be
included therein. Copies of the Manual shall be made available to the public in the Planning Director's
a#fice. The City Council may review the manual at such times as it deems appropriate and approve or
disapprove any part thereof. Ord. No.171fi N.S.; Ord. No. 1983 N.S.}
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http:llwww.ci.alameda.ca.uslcode/ DATAITTTLE3a130 3S SPECIAL PRDvISIDNS 134 38 5,.. Sly ~1?(~t?S
August 19, 2008
Honorable Mayor and City Council
2263 Santa Clara Avenue
Alameda, CA 94501
Subject: August 19, Zoos Council Meeting, Agenda Item 5-B (3327 Fernside Blvd
Honorable Mayor and City Council Members,
i am writingto request thatyou supportthe staff recommendation and adoptthe resolution.
Specifically:
1. Do not liftthe building morethan 5 inches.
The proposal to lift the building two or three feet is excessive. The desired ceiling height can be
achieved by lowering the floor level through excavation, rather than by lifting the building.
A tremendous amount of work was expended by City staff and concerned citizens of Alameda over
the lastdecadeto define a meansof quantifyingthe desired proportions of various historic buildings
and building elements such as attics, basements, perches, etc.. one reason for this effort was to
provide guidance as to acceptable height of "jack-ups" for each house style. The solution was to
relate it to the "golden mean", which is an appropriate, objective, and easily determined and
measured basis. There is no reason to relax this ruleforthe subject structure
2. Redesign the rear addition.
The large, boxlike addition in the rear is not compatible with the existing Craftsman style.
Page 25 of The Guide to Residential Design ~attached~ addresses this type of proposed addition
when it states that "Alterations and additions should fit within the overall scale of the existing
building and be compatible with its architectural style. This is particularly important when adding to
a historic building".
3. Widen the front entry stairs so that they are more in balance with new design.
Thank you for your consideration of these issues.
Sincerely,
Mary Jacak
1330 Caroline St.
Alameda, CA 94501
(510) 522-8208
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