Resolution 14311CITY OF ALAMEDA RESOLUTION NO 14311
A RESOLUTION GRANTING THE APPLICANT'S APPEALS AND OVERTURNING
THE HISTORICAL ADVISORY BOARD'S DENIAL OF PLANNING APPLICATION
NUMBERS, PLN08-0211 AND PLN08-0970, REQUESTS TO DELETE 2413 BUENA
VISTA AVENUE FROM THE ALAMEDA HISTORICAL BUILDING STUDY LIST AND
A CERTIFICATE OF APPROVAL TO ALLOW DEMOLITION OF THE BUILDING
WHEREAS, 2413 Buena Vista Avenue is listed on the Alameda Historical
Building Study List; and
WHEREAS, the property owner is requesting that 2413 Buena Vista Avenue
be deleted from the Alameda Historical Building Study list and a Certificate of
Approval be granted to allow demolition of the structure; and
WHEREAS, the General Plan designation is Medium Density Residential; and
WHEREAS, the Zoning Ordinance classification is C-M (Commercial
Manufacturing); and
WHEREAS, the project is Categorically Exempt pursuant to CEQA Guidelines
Section 15301, Permitting the removal of a structure from the Historical Building
Study list and demolition of the structure based on information that it is not a
significant historical resource; and
WHEREAS, Applicant has provided evidence indicating that the structure at
2413 Buena Vista Avenue is not a significant historic resource; and
WHEREAS, Staff has conducted an independent review of this information
in addition to a review of information available in the Planning and Building
Department and has been to the site and inspected the structure; and
WHEREAS, on
hearing and reviewed
deny the PLN08-0211,
Study List ; and
WHEREAS, on
hearing and reviewed
deny the PLN08-0970,
the structure; and
December 4, 2008 the Historical Advisory Board held a public
the request including exhibits and documents and voted to
a request to remove the structure from the Historical Building
February 5, 2009 the Historical Advisory Board held a public
the request including exhibits and documents and voted to
a request for a Certificate of Approval to allow demolition of
WHEREAS, on December 5, 2008 and February 6, 2009 appeals of the
Historical Advisory Board's decisions were filed; and
WHEREAS, the City Council held a public hearing on March 3, 2009 and
examined all pertinent exhibits, documents and testimony; and
WHEREAS, the City Council has made the following findings relevan
submitted appeals:
o the
1. Based on the evidence considered, the subject structure is determined to
have no particular historic significance to the City of Alameda because it
does not reflect or exemplify the cultural, political, economic or social
history of the Nation, State, or Community and is not associated with
historic persons or events, nor does it embody distinguishing characteristics
of an architectural specimen, type, or method of construction and is not the
notable work of a master builder, designer, or architect.
2. Based on the evidence of qualified sources, the historical resource is
incapable of earning an economic return on its value.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Alameda hereby grants the appeals overturning the Historical Advisory Board's
denials and approves, Application No. PLN08 -0211 to delete 2413 Buena Vista
Avenue from the Historical Building Study List and Application No. PLN08 -0970 to
allow demolition of the structure subject to the following conditions:
1. Staff is directed to file this revision to the Historical Building Study List
with the City Clerk.
2. A demolition permit for the structure at 2413 Buena Vista Avenue shall
not be issued until after building permits for the principal project are
issued.
3. Property owner shall, to the maximum extent feasible, make materials
generated from the deconstruction of the structure available for reuse
or salvage either on or off site.
4. Property owner shall, to the maximum extent feasible, make the
structure at 2413 Buena Vista available for relocation to another site
and shall provide adequate notification of this availability.
5. 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 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.
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 Govemment 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 3rd day of March, 2009, by the following
vote to wit:
AYES: Councilmembers Gilmore, Matarrese, Tam,
and Mayor Johnson - 5.
NOES: Councilme be deHaan -
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal
of said City this 4th day of March, 2009.
ara Weisiger, City erk
City of Alameda