Resolution 12920CITY OF ALAMEIJA RESOLUTION NO. 12920
UPHOLDING THE PLANNING BOARD'S DECISIONS (ZC-97-7, ZC-97-8,
ZC-97-9) REGARDING PROPERTIES LOCATED AT 2607 SANTA CLARA
AVENUE, 1500 AND 1506 BROADWAY STREET, ALAMEDA
WHEREAS, three applications were made on April 18, 1997 by
Edward J. Murphy requesting zoning compliance determinations to
allow: 1) the demolition of all existing structures on the two
separate parcels and construction of a triplex; 2) the remodeling
and renovation of a single family residence into a duplex; and 3)
the demolition of all existing structures on the three separate
parcels, the combination of the parcels, and construction of a
fourplex on the combined parcels; and
WHEREAS, the subject properties are designated Medium Density
Residential on the General Plan Diagram; and
WHEREAS, the subject properties are zoned R-4 (Neighborhood
Residential); and
WHEREAS, on May 29, 1997, the Planning Director provided
written determinations that Section 30-53.1 of the Alameda
Municipal Code prohibits construction of a new building which would
result in multiple dwelling units and a triplex or fourplex as a
multiple dwelling unit would not be in compliance with the Zoning
Ordinance; and
WHEREAS, on May 29, 1997, the Planning Director further
provided a written determination that the R-4 Zoning District
requires 2,000 square feet per dwelling unit and the parcel with
the single family residence contains 3,302 square feet. Therefore,
the parcel does not have adequate square footage to construct two
dwellings as 4,000 square feet would be required; and
WHEREAS, on June 4, 1997, the applicant appealed the Planning
Director's determinations; and
WHEREAS, the Board held a public hearing on July 14, 1997 to
consider these appeals, and examined pertinent maps, drawings, and
documents; and
WHEREAS, on July 14, 1997, the Planning Board unanimously
upheld the Planning Director's three zoning compliance
determinations; and
WHEREAS, on July 15, 1997, the applicant appealed the Planning
Board's decisions; and
WHEREAS, the City Council held a public hearing on August 19,
1997 to consider these appeals, heard all public testimony, and
considered all pertinent information; and
WHEREAS, the City Council has made the following findings with
respect to the appellant's bases of appeal:
Interference with Use of Property
Mr. Murphy asserts the Planning Director's determinations are
arbitrary and capricious interference with the use of his property.
The Planning Director's interpretations were straight forward
quotations from the Zoning Ordinance consistent with past practices
of the Planning Department, and therefore, are not arbitrary and
capricious. These appeals are not really based upon the Planning
Director's interpretation of the Alameda Municipal Code, but
constitute a challenge to the legality of the Code itself.
Health, Safety and Welfare/Limitation on Local Housing Supply
Mr. Wood asserts that the Planning Director must make a
determination that Alameda Municipal Code Section 30-53.1 regarding
the prohibition on multiple dwelling units is necessary for the
health, safety or welfare of the population of the City and to not
make this determination is arbitrary and unlawful. Mr. Wood
further asserts that Measure A (codified as Alameda Municipal Code
Section 30-53.1) limits the local housing supply. Mr. Wood is
incorrect about the responsibilities of the Planning Director to
provide the substantiation of the legality of the zoning provisions
as part of the decision on a Zoning Compliance Determination. The
Planning Director assumes adopted City Ordinances are valid and
does not question City ordinances each time they are applied
because it would lead to a time consuming and unproductive process.
The responsibility alluded to by Mr. Wood is proof required in a
court of law. The purpose of a Zoning Compliance Determination is
to provide specific information to people where they require
assistance in applying zoning provisions to their property.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Alameda hereby upholds the Planning Board's decisions
regarding ZC-97-7, ZC-97-8, and ZC-97-9 and denies the appeals
filed by Edward J. Murphy.
NOTICE. This decision by the City Council regarding an appeal
is final as of the date of the Resolution unless judicial review is
initiated pursuant to California Code of Civil Procedure Section
1094.5. Any such petition for judicial review is subject to the
provisions of California Code of Civil Procedure Section 1094.6
after the date of this decision.
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 regular meeting assembled on the 19th
day of August , 1997, by the following vote to wit:
AYES: Councilmembers Daysog, Kerr, Lucas and
Acting President DeWitt - 4.
NOES: None.
ABSENT: Mayor Appezzato - 1.
ABSTENTIONS: None,
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 20th day of August , 1997.
Diane e sch, C
City of Alameda