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Resolution 13700CITY OF ALAMEDA RESOLUTION NO.13 7 0 0 UPHOLDING THE PLANNING BOARD'S APPROVAL OF PLANNED DEVELOPMENT AMENDMENT PDA03 -0006 AND MAJOR DESIGN REVIEW DR03 -0096 TO ALLOW A 150 SQUARE FOOT ADDITION AT 3241 GARFIELD AVENUE WHEREAS, an application was made on August 1, 2003, by Thomas Means, Inc. for Lawrence Henderson and Susan Corlett of 3241 Garfield Avenue, requesting a Planned Development Amendment, PDA03 -0006 and Major Design Review DR03-0096, to allow a 150 square foot single story rear addition; and WHEREAS, the application was accepted as complete on September 1, 2003; and WHEREAS, the subject property is designated Low Density Residential on the General Plan Diagram; and WHEREAS, the subject property is located in an R -1 PD (One Family Residence Planned Development District; and WHEREAS, additions to residential structures that are greater than eighty (80) square feet requires Major Design Review pursuant to AMC Subsection 30- 37.2 (a); and WHEREAS, a Planned Development Amendment is required for additions to the building, pursuant to Condition #3 of Planning Board Resolution PB- 97 -38, which approved the Planned Development overlay on the subject property; and WHEREAS, the Planning Board of the City of Alameda held a public hearing on this application on January 12, 2004, and examined pertinent documents and conditionally approved the application; and WHEREAS, on April 20, 2004, the City Council of the City of Alameda held a public hearing for the appeal of the Planning Board's prior approval and examined pertinent documents as well as the record of the Planning Board hearing; and WHEREAS, the City Council considered responses to the bases of the appellants' appeal and finds that there are no merits in the bases of appeal; and WHEREAS, the City Council makes the following findings with respect to the appellant's bases of appeal and relative to the Planned Development Amendment application: 1. The proposed Planned Development Amendment is consistent with the General Plan, which specifies low - density residential uses for this site, because the project does not alter the residential density of the development. 2. The proposed project is compatible with the Planned Development, PD- 97 -01, because it does not change the use or density of the property, nor the intent of providing affordable home ownership opportunities through the creation of small subdivisions on older properties with small homes. The proposed addition also complies with provisions in the underlying R -1 District, and the findings pursuant to Subsection 30 -5.7 (k) & (1) can be made. 3. The Planned Development Amendment would allow for a more effective use of the site than is possible under the regulations of the Planned Development and the underlying district with which the Planned Development District is combined. WHEREAS, the City Council makes the following findings with respect to the appellant's bases of appeal and relative to the Major Design Review application: The project will have no adverse effects on persons or property in the vicinity. This finding can be made because the project is an attempt to improve the use of space on the property. The shade from the addition is not significant to cause adverse impacts to surrounding properties. The proposed addition also complies with provisions in the underlying R -1 District, and the findings pursuant to Subsection 30 -5.7 (k) & (1) can be made. Therefore, the project will have minimal adverse effects on persons or property if it complies with all conditions upon which approval is made contingent. 2. The project will be compatible and harmonious with the design and use of surrounding properties. This finding can be made because the design of the addition utilizes architectural elements that are in keeping with the original style and appearance of the building. Since the neighborhood consists of buildings belonging to the same style, the project is preserving a building that is compatible and harmonious with the surrounding neighbors. 3. The project will be consistent with the City's Design Review Guidelines. This finding can be made because the project improves the existing residential use on the property, and it preserves the character of the neighborhood as recommended in the City's Design Review Guidelines. NOW, THEREFORE BE IT RESOLVED that the City Council finds that the project is Categorically Exempt from the California Environmental Quality Act, under Section 15301 of the CEQA Guidelines - Existing Facilities. BE IT FURTHER RESOLVED that the City Council denies the appeal and upholds the Planning Board's approval of Planned Development Amendment PDA03 -0006 and Major Design Review DR03 -0096 to allow a 150 square foot single story rear addition. 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 a regular meeting of the City Council on the 4th day of May, 2004, by the following vote to wit: AYES: Councilmembers Daysog, Gilmore, Kerr, Matarrese, and Mayor Johnson - 5. NOES: None. AB SENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 5th day of May, 2004. Lara Weisiger, City le City of Alameda