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Resolution 13392CITY OF ALAMEDA RESOLUTION NO.13392 UPHOLDING THE PLANNING BOARD'S DETERMINATION THAT AN APPLICATION FOR PLANNED DEVELOPMENT, USE PERMIT AND MAJOR DESIGN REVI H;W IS INCOMPLETE FOR PROCESSING, FILED BY CARL PINES \IRES (CALIFORNIA), INC. FOR PROPERTY LOCATED AT 2523 BLANDING AVENUE WHEREAS, on March 9, 2001, Carl Pines\ IRES (California), Inc. filed an application with the City for a Planned Development, Use Permit and Major Design Review for reconstruction of an existing 8 acre neighborhood shopping center as an office development with first floor space for either office or commercial uses; and WHEREAS, on April 6, 2001, the Planning Director sent a letter to the applicant that the request was Incomplete for processing pursuant to the Permit Streamlining Act; and WHEREAS, on April 16, 2001 the applicant filed an appeal of the Planning Director's determination; and WHEREAS, an appeal hearing was scheduled for May 14, 2001 at which the Planning Board continued the hearing, which was held on June 11, 2001 and the Board considered the appeal and examined pertinent maps, drawings, documents and testimony and after finding no merit to the bases of appeal, upheld the Planning Director's determination; and WHEREAS, on June 20, 2001 IRES (California) Inc. through attorneys appealed the determination of the Planning Board to the City Council; and WHEREAS, on July 17, 2001 the City Council considered the bases of appeal and examined pertinent maps, drawings, documents and testimony, as well as the record of the Planning Board hearings; and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Alameda denies the appeal and upholds the Planning Board's determination that the applications for Planned Development, Use Permit and Major Design Review for property at 2523 Blandmg Avenue owned by IRES (California) Inc. are Incomplete for filing under the Permit Streamlining Act, based upon the findings contained in the staff response to bases of appeal for the July 17, 2001 City Council hearing, which are included in this Resolution by reference. 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 or final action on any appeals plus extensions authorized by California Code of Civil Procedure Section 1094.6. 1 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 assembled on the 4th day of September, 2001, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 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 5th day of September, 2001. Lara Weisiger, Acting City Clerk City of Alameda