Resolution 13058CITY OF ALAMEDA RESOLUTION NO.13 0 5 8
ADOPTING NEGATIVE DECLARATION (IS- 97 -04) AND FINDING OF NO SIGNIFICANT
IMPACT FOR A PROPOSED REZONING OF 1.2 ACRES AT THE NORTHEAST CORNER OF
BROADWAY AVENUE AND SANTA CLARA AVENUE FROM R -4 (NEIGHBORHOOD
RESIDENTIAL) TO R -5/P -D (GENERAL RESIDENTIAL/PLANNED DEVELOPMENT
COMBINING ZONING DISTRICT) AND REZONING OF AN ADDITIONAL ADJACENT 0.5
ACRES FROM R -4 (NEIGHBORHOOD RESIDENTIAL) TO R -4 /P -D (NEIGHBORHOOD
RESIDENTIAL/PLANNED DEVELOPMENT COMBINING ZONING DISTRICT) AND A
DEVELOPMENT AGREEMENT (DA- 97 -02) TO RETAIN THE USES AND STANDARDS OF
R -5 /P -D ZONE FOR 25 YEARS
WHEREAS, an application was made on December 9, 1997, and amended on September 14,
1998, by Edward and Madlyn Murphy requesting a Rezoning, R -97 -6, to change the zoning
classification of approximately 1.2 acres on three parcels, approximately 250 by 200 feet, from R -4
(Neighborhood Residential Zoning District) to R -5/P -D (General Residential/Planned Development
Combining Zoning District), and 0.5 acres from R -4 to R -4/P -D and Development Agreement; and
WHEREAS, the subject property is designated Medium Density Residential on the General
Plan Diagram; and
WHEREAS, the proposal is compatible with the Medium Density Residential designation;
WHEREAS, pursuant to the California Environmental Quality Act, a proposed Negative
Declaration was prepared and circulated for public comment between September 18, 1998 to October
8, 1998 and no public comments were received; and
WHEREAS, the Planning Board held a public hearing on this application on October 12,
1998, and examined pertinent maps, drawings, documents, and all public comments received on the
Draft Negative Declaration/Initial Study and recommended City Council adoption; and
WHEREAS, the City Council held a public hearing on this application on November 10,
1998 and examined pertinent maps, drawings, documents and all public comments received on the
Draft Negative Declaration/Initial Study; and
WHEREAS, the City Council has made the following findings:
The project does not have the potential to degrade the quality of the environment,
substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population
to drop below sustaining levels, threaten to eliminate a plant or animal community, reduce
the number or restrict the range of a rare or endangered plant or animal or eliminate
important examples of California history because there is only limited potential for
additional buildings on the project area and there is no habitat for rare or endangered species
on the site. In the area proposed for R -5 /P -D zoning, there is only one structure which is
listed as historic in the City's inventory, which is at 1514 Broadway; in the area proposed
for R -4 /P -D zoning, there are four designated homes. Demolition of these structures is
subject to review by the Historical Advisory Board. The proposed rezoning and
development agreement do not change the protection of these historic resources.
2. The project does not have the potential to achieve short-term to the disadvantage of long-
term environmental goals because the rezoning from R -4 to R -5 results in only limited
changes in uses and standards and future development would be subject to review through
the Planned Development, Conditional- Use Permit and Design Review processes to ensure
appropriate and compatible development.
3. The project does not involve impacts which are individually limited but cumulatively
considerable because the site is limited in area, the change in zoning results in limited
changes in development standards and in permitted and conditional uses but not increases
in the maximum number of allowed dwelling units and any development proposal would be
subject to further environmental review to assess its specific impacts.
4. The project does not have any environmental effects which will cause substantial adverse
effects on human beings, either directly or indirectly because the site is primarily developed
with residential buildings and a tennis school on the interior of the block. R -5 zoning would
allow possible transition to limited nonresidential uses. Those which would be permitted as
a matter of right are compatible with residential use, the others would be subject to
conditional use permits which permit the assessment of compatibility on a case by case basis.
None of the changes would significantly impact human beings; and
WHEREAS the City Council has made a finding that the proposal would have a De Minimis
effect on fish and game resources because the site is fully developed with no habitat for fish and
game resources and is located over one- quarter mile from water areas.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda
hereby adopts the Negative Declaration (IS- 97 -04) with the findings contained in this Resolution.
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.
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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 adjourned regular meeting
assembled on the 10th day of November 1998, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Lucas
and President Appezzato - 4.
NOES: Councilmember Kerr - 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 12th day of November , 1998.
Diane Felsch, City Clerk
City of Alameda