Resolution 13399CITY OF ALAMEDA RESOLUTION NO.13399
UPHOLDING THE HISTORICAL ADVISORY BOARD APPROVING
CERTIFICATE OF APPROVAL, CA- 01 -08, 301 SPRUCE STREET
WHEREAS, Hinh D. Nguyen made an application on June 28, 2001 for a Certificate of
Approval to the removal of a Coast Live Oak tree, a protected species, from his property; and
WHEREAS, application complete June 28, 2001; and
WHEREAS, the General Plan designation of the site is Medium Density Residential; and
WHEREAS, the parcel is located within the R -4, Neighborhood Residential Zoning District;
and
WHEREAS, the Historical Advisory Board held a public hearing on this application and
approved the removal of the Live Oak tree on August 2, 2001; and
WHEREAS, Patrick Lynch and Jeanne Nader appealed the approval on August 10, 2001; and
WHEREAS, on September 18, 2001, the City Council held a public hearing and examined
pertinent maps, drawings and documents; and
WHEREAS, the City Council considered the staff responses to the bases of the appellants'
appeal as set in the City Council memorandum, which is hereby incorporated by reference, and
finds that there is no merit in the bases of appeal; and
WHEREAS, the City Council of the City of Alameda makes the following findings with
respect to the appellants' bases of appeal and relative to the Certificate of Approval to allow the
removal of a Coast Live Oak on the property at 301 Spruce Street:
1. The Live Oak Tree has been severely pruned and is in very poor condition.
2. Retention of the Live Oak Tree would significantly restrict the possibility of
development of the site.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Alameda
hereby finds that the proposal is Categorically Exempt from CEQA, Guidelines, Section Section
15304 -- replacement of existing landscaping which does not involve the removal of a healthy tree;
and
BE IT FURTHER RESOLVED that the City Council upholds the Historical Advisory Board
approval of Certificate of Approval, CA -98 -6, subject to the following conditions:
The property owner shall plant a minimum of two Live Oak Tree with a minimum
size of 10 gallons as part of any development project of the site.
2. The property owner shall secure the services of a registered landscape architect to
provide advice on the best location for planting of the Live Oaks in compliance with
Condition #1.
3. The property owner shall submit the plan for locating the Live Oaks prepared by the
landscape architect to the Historical Advisory Board for review and approval.
4. The property owner shall enter into a Landscape Agreement with the City of
Alameda for a period of not less than three years from date of installation in order
to ensure the maintenance of the required replacement trees.
5. The property owner shall follow the recommendations of the Arborist Report,
prepared by Stephen Batchelder, dated June 15, 2001, and on file in the Planning
Department Offices, as part of any development project of the site.
6. The property owner shall record a deed restriction which would infoiiii any
subsequent owner of the property of Conditions #1 through #5 as part of any
development approval by the City for the site. A copy of the deed restriction shall
be submitted to the Planning Department prior to the issuance of the Certificate of
Occupancy.
C:\WPDOCS \DATA\301 SPRUC
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
18th 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
19th day of September, 2001.
Lara Weisiger, Acting City Clerk
City of Alameda