Resolution 14267CITY OF ALAMEDA RESOLUTION NO. 14267
DENYING AN APPEAL AND UPHOLDING THE PLANNING BOARD DECISION
CONDITIONALLY APPROVING MAJOR DESIGN REVIEW DR07-0086 FOR THE
STRUCTURAL EXPANSION OF A SINGLE-FAMILY DWELLING AND THE
ADDITION OF A SECOND DWELLING UNIT AT 3327 FERNS IDE BOULEVARD
WHEREAS, the Planning Board held a public hearing on this application on
June 23, 2008, and examined pertinent maps, drawings, documents and testimony
and acted to conditionally approve the Major Design Review; and
WHEREAS, the Alameda Architectural Preservation Society (AAPS)
submitted an appeal of the Planning Board's action on July 3, 2008; and
WHEREAS, the Council of the City of Alameda held a public hearing on
September 16, 2008, and examined pertinent maps, drawings, documents and
testimony; and
WHEREAS, the City Council has made the following findings relevant to the
Major Design Review application:
1. Projects must be compatible with their site, any adjacent or
neighboring buildings or surrounds and promote harmonious
transitions in scale and character in areas between different
designated land uses.
This finding can be made subject to conditions of design review approval adopted
by the Planning Board. The project would otherwise utilize all materials and
architectural elements that would match the original building. The new detached
building would match the materials of the existing main building.
2. The proposed alterations are compatible with the Secretary of Interior
Standards and are compatible with the City of Alameda Guide to
Residential Design Standards.
All proposed alterations will be historically compatible with the historic integrity of
the structure if the structure. The proposed addition would generally include
features that are consistent with the existing character of two-story Craftsman
residences in Alameda. These features would include window trim and exterior
molding, matching stucco, and wood siding. The scale of the proposal is
compatible with other residential buildings in the neighborhood and it will not
destroy historic materials, features, or the spatial relationships that characterize
the property and the neighborhood. The new work will not be differentiated from
the old and will be compatible with the historic materials, features, size, scale and
proportion, and massing to protect the integrity of the property and its environment.
3. The project is consistent with CEQA Guidelines, Section 15331
(Historical Resource Restoration /Rehabilitation) that requires
consistency with the Secretary of Interior's Standards specific to the
following elements:
a. A property will be used as it was historically or be given a new
use that requires minimal change to its distinctive materials,
features, spaces, and spatial relationships.
b. The historic character of a property will be retained and
preserved. The removal of distinctive materials or alteration of
features, spaces and spatial relationships that characterize a
property will be avoided.
This finding can be made subject to conditions of design review approval. The
structure has historic importance due to its construction date in 1924. This would
retain the existing spatial relationships of the Craftsman residence.
WHEREAS, the City Council finds that the project as conditioned, is
Categorically Exempt from State CEQA Guidelines, Section 15301(e)(2) Existing
Facilities — addition of less than 10,000 square feet to an existing structure and, as
conditioned, Section 15331 for projects consistent with the Secretary of the
Interior's Standards for the treatment of historic properties.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Alameda hereby conditionally approves the design review application and upholds
the Planning Board's conditional approval of Major Design Review, DR07 -0056.
NOW THEREFORE BE IT FURTHER RESOLVED that the City Council of
the City of Alameda conditionally approves Major Design Review, DR07 -0056,
subject to the following conditions:
(1) This Design Review approval is valid for one year. Construction shall
commence under valid permits prior to September 16, 2009, unless the
applicant applies for and is granted an extension by Planning Division staff
prior to this expiration date.
(2) The plans submitted for building permit and construction shall be in
substantial compliance with plans prepared by Design Planning Associated,
Inc., received on March 11, 2008 and on file in the office of the City of
Alameda Planning and Building Department, except as modified by the
conditions listed below.
(3) The plans submitted for building permit approval shall clearly show that the
finished structure shall not exceed 30 -feet in height including any
architectural elements but excluding the chimney, to the satisfaction of the
Planning and Building Director.
(4) Deteriorated historic features will be repaired rather than replaced. Where
the severity of deterioration requires replacement of a distinctive feature,
the new feature will match the old in design, color, texture, and, where
possible, materials. Replacement of missing features will be substantiated
by documentary and physical evidence.
(5) The final plans submitted for Building Permit approval shall accurately
depict all existing conditions and all proposed alterations and should be
fully dimensioned to clearly depict the scope of the project, to the
satisfaction of the Planning and Building Director.
Chemical or physical treatments, if appropriate, will be undertaken using
the gentlest means possible. Treatments that cause damage to historic
materials will not be used.
(7) Archeological resources will be protected and preserved in place. If such
resources must be disturbed, mitigation measures will be undertaken.
(8) The final plans, submitted for building permit approval, shall conform to
Building Code, Zoning Ordinance, and Alameda Design Guideline
requirements.
(9) Planning Division staff site inspection is required prior to the final Building
Inspection and/or prior to the issuance of Certificate of Occupancy. The
applicant shall notify the Planning and Building Department at least four
working days prior to the requested Planning Division inspection dates.
(10) The plans submitted for building permit and construction shall incorporate a
window schedule and each condition of approval, other than this one, listed
in this Resolution. All new and replaced windows and window trim shall
exactly match the appearance of the original windows and window trim to
the satisfaction of the Planning and Building Director. The conditions shall
be adequately identified on the plans under a heading titled "CITY OF
ALAMEDA, CONDITIONS OF APPROVAL."
(11) All new siding shall match the size (milling) and texture of the original siding
to the satisfaction of the Planning and Building Director. A small sample of
new siding shall be provided to staff prior to Building Permit approval in
order to assure compliance with this standard.
(12) There shall be no new external installation of plumbing and/or vent pipes
other than shown on the approved plans.
(13) Any other exterior changes shall be submitted for Planning Staff review
and approval.
(14) HOLD HARMLESS. The applicant shall defend (with counsel reasonably
acceptable to the City), indemnify, and hold harmless the City of Alameda,
its Redevelopment Agency, the Alameda City Planning Board and their
respective agents, officers, and employees from any claim, action, or
proceeding (including legal costs and attorney's fees) against the City of
Alameda, Alameda Redevelopment Agency, Alameda City Planning Board
and their respective agents, officers or employees to attack, set aside, void
or annul, an approval by the City of Alameda, the Planning and Building
Department, Alameda City Planning Board, the City of Alameda
Redevelopment Agency or City Council relating to this project. The City
shall promptly notify the applicant of any claim, action or proceeding and
the City shall cooperate in such defense. The City may elect, in its sole
discretion, to participate in the defense of said claim, action, or proceeding.
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
NOTICE. The conditions of project approval set forth herein include certain fees
and other exactions. Pursuant to Government Code Section 66020 (d) (1), these
Conditions constitute written notice of a statement of the amount of such fees, and a
description of the dedications, reservations and exactions. The applicant is hereby
further notified that the 90-day appeal period in which the applicant may protest
these fees and other exactions, pursuant to Government Code Section 66020 (a)
has begun. If the applicant fails to file a protest within this 90-day period complying
with all requirements of Section 66020, the applicant will be legally barred from later
challenging such fees or exactions.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 16th day of September, 2008, by the following vote to
wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
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 September, 2008.
Lara Weisiger, City C
City of Alameda