Resolution 13440CITY OF ALAMEDA RESOLUTION NO, 13440
DENYING THE APPEAL OF ED MURPHY AND UPHOLDING THE PLANNING BOARD
APPROVAL OF A USE PERMIT UP01 -25 AND MAJOR DESIGN REVIEW DR01 -92, 1628
WEBSTER STREET AT PACIFIC AVENUE FOR A HOTEL USE AND A USE BETWEEN
10:00 PM AND 7:00 AM AND TO CONSTRUCT THE HOTEL
WHEREAS, on July 11, 2001, Sandip Jariwala of Alameda Hospitality LLC filed an
application for Initial Study IS01 -07, Use Permit UP01 -025 and Preliminary Design Review
DR01 -092, and a Variance V01 -14, for a 50 -room hotel with 64 parking spaces and approximately
1,200 square feet of retail area on a 0.7 acre site located at 1628 Webster Street at Pacific
Avenue; and
WHEREAS, on August 1, 2001, the Planning and Building Department found that the
application was Incomplete for processing pursuant to the Permit Streamlining Act; and
WHEREAS, on November 19, 2001 the application was Complete for processing; and
WHEREAS, the subject property is designated Community Commercial and Medium
Density Residential on the General Plan Diagram; and
WHEREAS, the subject property is in the C -C Community Commercial Zoning District
which relates well to the General Plan; and
WHEREAS, the subject property is within the Business and Waterfront Improvement Project
(BWIP) area of the Community Improvement Commission (CIC); and
WHEREAS, the Board has made the following finding that the Planning Board has been
advised that subject to meeting City standards and requirements, the proposed Use Permit and Major
Design Review would be consistent with the Plan for the Business and Wateifiont Improvement
Project (BWIP); and
WHEREAS, an Initial Study was prepared pursuant to the California Environmental
Quality Act (State Clearinghouse Number 200 1122 2079) and was found to be complete; and wa s
circulated for public comment from December 20, 2001 to January 24, 2002; and
WHEREAS, one comment was received regarding the Initial Study, from the California
Department of Toxic Substance Control, which the Planning Board determined did not raise new
environmental issues or impacts which were not addressed by the Initial Study; and
WHEREAS, the Planning Board held a public hearing on the Initial Study and determined
that the document was complete and correct; and
WHEREAS, on January 28, 2002, the Planning Board adopted a Mitigated Negative
Declaration pursuant to CEQA by Resolution PB02 -012, and approved the Use Permit and
Preliminary Design Review by Resolution PB02 -013 and ` payment of parking fees in -lieu of
providing 3 parking spaces, by Resolution PB02 -016; and
WHEREAS, the Planning Board denied Variance V01 -14 for three parking spaces by
Resolution PB02 -014, in recognition that in -lieu parking fees were approved instead, and
WHEREAS, on January 30, 2002 Ed Murphy timely filed an appeal, stating the bases of
appeal as required in the Alameda Municipal Code, primarily that the application' violated
"Measure A," being Chapter 26 -1 and 26 -3 of the City Charter, and that the hotel rooms were
dwelling units and did not provide 2,000 square feet of land area per room; and
WHEREAS, on March 5, 2002 the City Council considered the appeal and examined
pertinent maps, drawings, documents and testimony and after fmding no merit to the bases of
appeal, upheld the 'Planning Board's determination; and
WHEREAS, the City Council of the City of Alameda makes the following findings:
1 The appellant's basis of appeal was as follows: The proposed project violates Section 26 -1
of ` the Alameda City Charter, passed by the people as "Measure A," m 1973. The
proposed project also violates Section 26 -3 of the Alameda City Charter, passed by the
people to strengthen the 1973 version of Measure A in 1991. The claim of the City
Attorney that the proposed project does not violate either' Sec. 26 -1 or Sec. 26 -3 of the
Alameda City Charter is legally incorrect, and appears to be in service of an attempt by
city politicians to circumvent the will of the people. The intent of Article 26 was to avoid
congestion, gridlock, etc.
2. The City Council finds, in response to the basis of appeal, that Section 30 -51.3 on pages
3086 and 3087 of the Alameda Municipal Code specifically exempts hotels from these
Charter provisions: "Multiple dwelling units, construction of which is prohibited by this
article and by Article XXVI of the Charter, shall not be deemed to mean or include: Hotels
and motels designed for transient occupancy only, and boarding house and lodging houses."
3. Hotel rooms do not meet the definition of "residential" or "dwelling units" under the United
States Census, the guidelines of the California Department of Housing and Community
Development, State regulations for eviction or other similar governmental definitions.
4. Since hotel rooms are not dwelling units nor residential uses, Charter Section 26-1 and
Section 26 -3 do not apply.
5. The approval contains conditions restricting use to a transient occupancy hotel. The applicant
is bound by condition 4 of Planning Board Resolution Pl302-013, which states "The project
shall only be operated as a hotel for transient occupancy...No hotel room may constitute a
dwelling within the meaning of AMC Sections 30-2 and 30-50 ("Measure A")."
6. There are over 300 properties in the Hawthorn hotel chain Nationwide. None of these hotel
properties is referred to as "residential" or "housing" in Hawthorn corporate literature.
Hawthorn receives referrals as hotels, through Hyatt Hotels and other sources.
WHEREAS, the City Council has made and concurred with the Planning Board regarding
the following findings regarding the Use Permit application request:
1. The location of the proposed use is compatible with other uses in the vicinity because
the construction of the building provides a hotel use and after-10:00 pm use which is similar to
downtown suites hotel uses which function well in other communities; because fencing and
landscaping will provide sufficient screening for neighboring property, and because mitigation
measures of the Mitigated Negative Declaration protect uses from impacts.
2. The proposed use will be adequately served by transportation and service facilities
because Webster Street and Pacific Avenue provide access to the site including automobile and bus
access, and because the site has substantial parking.
3. The proposed use will not adversely affect other property in the vicinity because addition
of a hotel at this intersection would reinforce property value and fulfill aims of the Business and
Waterfront Improvement Project.
4. The proposed use favorably relates to the General Plan because the site is located within
an area designated as Community Commercial and the proposed Use is compatible with this
category.
WHEREAS, the City Council makes and concurs with the Planning Board regarding the
following findings with regard to the Major Design Review:
1. As conditioned, the project will be compatible and harmonize with the design and use
of the surrounding area as required by AMC Section 30-37.5(a) because the building would be
constructed of similar materials and colors as nearby buildings, the volume and proportions of the
building are balanced and modulated and the parking area includes landscaping which would be
compatible and transition to adjacent residential land uses.
2. The project will have no significant detrimental impacts on persons or on growth of
property values in the vicinity as required by AMC Section 30-37.5(b) because the design
continues the theme of Webster Street Design Guidelines in this area and would have fencing and
landscape screening.
3. As conditioned, the project is consistent with the City of Alameda Design Review
Guidelines because the materials, surfacesohapes and landscaping relate to nearby structures
and provide an attractive view as required by AMC Section 30-37.5 ( c) because the principles
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of the City Design Review Guidelines and the Webster Street Design Guidelines have been followed
in project design, since the architecture of the new building and grounds will complement materials,
surfaces and shapes in the vicinity; and
WHEREAS, the City Council has heard appeal testimony and reviewed the record and
determines that there is insufficient evidence in the appeal and the record to justify overturning the
Planning Board approval;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda
denies the appeal of Ed Murphy and upholds the Planning Board approval of Use Permit UP01 -25
and Major Design Review DR01 -92, subject to the following conditions:
GENERAL CONDITIONS FOR USE PERMIT AND MAJOR DESIGN REVIEW
1. APPROVED PLAN. The project shall be constructed in substantial compliance with the
plans prepared by Lee Gage and Associates, dated August 14, 2001, as amended February
7, 2002, in 6 sheets, including site plans and elevations of the proposed building, and color
and materials board, on file in the office of the City of Alameda Planning and Building
Department, together designated "Exhibit A," except as modified by the conditions in this
Resolution, and as follows:
a. Vertical window framing and horizontal bulkheads adjacent to windows along
Webster Street and Pacific Avenue shall have a substantial covering surface such as
tile (preferred), stone or fine textured stucco finish, rather than exposed metal;
bulkheads shall be less than 30 inches above grade;
b. Enhancing the visual effect of the Webster Street entrance with a cloth awning,
change of window rhythm around the entry doors and differentiation of main entry
front door frame with addition of side -light window frames up to or above the height
of the door;
c. Colors shall be more vibrant than on recent construction on the adjacent blocks, with
colors similar to corporate colors of the applicant's hotel chain, such as Sherwin
Williams Olympia Range 2385 dark green on metal trim surfaces and awnings;
Monte Carlo 2328 and Honey Bee 2330 alternating on exterior walls; and Awning
Red 2314 on bulkheads, cornices and other horizontal trim elements; terra cotta roof
tiles; alternative colors include two shades of green ( #SW2229 Audubon and
#SW2230 Herbivore) and #SW2315 Copper Nail); all equivalent or substitute colors
may be approved by the Planning and Building Director,
d. Inset sash 3" minimum from the face of the surrounding finished wall surface; recess
glass a minimum 3/8" from face of the sash, with one- over -one windows to be
located on both Webster Street and Pacific Avenue frontages;
e. All as determined by the Planning and Building Director after consulting with the
property owner and the West Alameda Business Association, in Final Design
Review.
2. VESTING. The Use Permit shall terminate on January 28, 2003, and separately, the Major
Design Review shall terminate on July 28, 2002, unless for UP or for MDR, actual
construction under valid entitlements has begun, or the developer applies for and is granted
an extension prior to expiration.
3. APPROVED USES AND IMPROVEMENTS. The following uses and improvements are
approved under the Use Permit and Major Design Review: a hotel of up to 50 rooms or
suites, up to 3 stories high; up to 1,300 square feet of first floor retail along Webster Street,
which may include uses allowed or for which Use Permits are issued, within the C -C
Community Commercial Zoning District; and the use of meetings or conventions not to
exceed one hundred (100) persons at one time including residents of the hotel; and parking
shown on Exhibit "A," with fencing and landscape screening; and other enhancements
determined by the Planning and Building Director.
4. ARCHAEOLOGY. Should currently unknown cultural resources be encountered during
construction, the contractor will immediately notify the city, who will contact a qualified
archaeologist who will evaluate the resource in consultation with local Native American
organizations. The contractor will then redirect work away from the affected area until
notified by the archaeologist that it is safe to resume construction. Construction contracts
will include this provision.
5. BUILDING PERMITS.
Prior to construction, the applicant will submit all applicable building permit
applications to the City Central Penults Office. Any required building permits must
be issued prior to commencement of construction. The improvements shall conform
to the Alameda Building Code.
No occupancy of the subject building will be permitted until an application for a
Certificate of Occupancy is submitted to the Central Permits Office, the application
is reviewed and approved,' the building is inspected and determined to be safe for the
proposed occupancy and a Certificate of Occupancy is issued by the Building
Official.` Building Permits are required to be obtained from the City of Alameda
Central Permits Office for all proposed physical changes, alterations or additions to
the subject building.
c. Existing and planned project elements will meet Uniform Building Code Seismic
Zone 4 design standards to withstand expected earthquake ground shaking. Design
will be verified for seismic loading by California - registered Professional Civil and
Geotechnical Engineers; recommendations by these engineers regarding site
preparation and design will be incorporated into project plans. The secondary focus
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of project design will be minimization of substantial earthquake - related equipment
damage and avoidance of off -site impacts.
6. OTHER PERMITS. The applicant shall obtain and comply with the conditions of permits
required by other agencies in connection with the site. Where the requirements of other
agency permits are more restrictive than this approval, the other agencies' permits
requirements shall apply.
7. ALAMEDA POWER AND TELECOM. The number, size and voltage of the electrical
services required for this development, and the total load in kilowatts or kilowatt/volts
(KVA) needs to be provided, and location of the transformers to service these loads must be
approved by the Bureau of Electricity before building permit issuance. The applicant will
provide at no charge to the Bureau an easement and access to all Bureau facilities on the
property prior to issuance of building permits.
8. WATER/SEWER UTILITIES. Prior to issuance of Final Design Review and construction,
the developer shall secure all necessary permit approvals from EBMUD regarding the
installation of all revisions to water or sewer lines necessary to install the project.
9. FIRE DEPARTMENT. Prior to issuance of Final Design Review and construction, the
applicant shall provide plans for approval of the Alameda Fire Department. The applicant
shall provide verification of sufficient fire hydrant protection and if found insufficient by the
Fire Department, shall install additional hydrants prior to construction of additional
structures. The new building area will, be required to have at least one 2A -04BC fire
extinguisher installed on the outside of the building. Hazardous materials, storage including
cleaning chemicals shall be to the satisfaction of the Fire Department.
10. URBAN RUNOFF/RECYCLING. Prior to the issuance of Final Design Review and
construction, including a grading permit, the developer shall submit plans which show all
the necessary requirements of the Alameda Countywide Clean Water Program. The plans
shall show planned methods by which entry of pollutants to the storm drain system will be
reduced. Accumulated waste water must be drained to the sanitary sewer or pretreated prior
to discharge to the storm drain system. Trash enclosure and recycling areas must be
completely covered with no other areas draining into this area, to the satisfaction of the
Public Works Director. All construction activities associated with the site must follow
construction Best Management Practices (B. M.P.'s) provided by the City Public Works
Department.
11. CONSTRUCTION REGULATIONS. Prior to issuance of Final Design Review and
construction, the applicant shall prepare, and implement a construction and dust mitigation
plan to the satisfaction of the Planning and Building Director and the Public Works Director,
which will, at a minimum:
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a. Provision of equipment and staff for watering of all exposed or disturbed soil
surfaces, as well as parking and staging areas, at least twice daily, with an appropriate
non -toxic dust palliative or suppressant added to the water before application.
b. Covering of all trucks hauling soil, sand, debris or other loose materials.
c. Watering or covering of stockpiles of debris, soil, sand or other materials that can be
blown by wind and adding non -toxic soil binders to exposed stockpiles.
d. Regular sweeping of paved construction areas of all mud and' debris, and on adjacent
streets if visible.
e. Establishing routes for transportation of soil and construction materials which will
have minimal impact on adjacent areas. Traffic speed on unpaved roads shall be
limited to 15 miles per hour.
Construction shall be limited to 8 :00 am to 6 :00 pm Mondaythrough Friday and 9:00
am to 5:00 pm Saturday, with no construction on Sundays.
The construction management plan shall include placement of stored materials and
construction vehicles in the least obtrusive locations, installation of construction
fencing surrounding the construction site and use of similar construction mitigation
measures to minimize impacts to surroundmg properties and uses. The construction
management plan shall be reviewed and approved by the Planning and Building
Director prior to issuance of any grading permits.
h. The contractor shall replant vegetation in disturbed areas as quickly as possible, and
install sandbags or other erosion control measures to prevent silt to public roadways.
12. PLANNING AND BUILDING DEPARTMENT INSPECTION. The site shall be inspected
by the Planning and Building Department staff and found in compliance with all conditions
and plans prior to issuance of the Certificate of Occupancy. The applicant should allow 3
working days notice to the Planning and Building Department for this inspection.
13. NOISE. The applicant shall operate and maintain the facility in compliance with City noise
standards of the Alameda Municipal Code, except that a further restriction is that ambient
sound at the periphery of the property shall not exceed 45 ldn/cnel (decibels) . Any use found
to increase the noise level may be required to mitigate noise levels, including baffling noise
sources. Construction noise impacts shall be minimized by restricting construction activities
to the daytime hours specified by the Alameda Municipal Code and condition 15f, whichever
is more restrictive.
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14. AFFORDABLE HOUSING. The applicant shall be required to comply with Affordable
Housing Impact Fee to the City of Alameda, as set forth in AMC Section 27 -1, prior to
Certificate of Occupancy. If in -lieu payments are required by the City of Alameda Housing
Development Manager in the approved Affordable Housing Plan, those required payments
shall be paid prior to issuance of a Building Permit, except for foundation peuuits, unless
other explicit arrangements are contained in the Affordable Housing Plan.
15. WASTE WATER. The applicant shall have connections to the piped sanitary system and
shall comply with East Bay Municipal Utility District Wastewater Control Ordinance No.
311.
16. UTILITY SERVICES. All water, gas, electrical and telephone lines shall be installed in
accordance with the requirements of the Alameda Bureau of Electricity, and other utility
companies and to the satisfaction of the Public Works Director. All utilities shall be
underground unless trunk lines are allowed to remain above ground by the Public Works
Director. When the development plans are finalized, the applicant shall contact the East
Bay Municipal Utility District New Business Office and request a water service estimate
to determine costs and conditions of providing water service to the project and shall folio w
EBMUD requirements.
The applicant shall incorporate water conservation measures for both internal and external
use in the design and construction of the project. This should include the use of
equipment, devices and methodology that further water conservation and provide for
efficient use of water to the satisfaction of the Planning and Building Director. All
necessary water main extension to meet fire flow requirements set by the Alameda Fire
Chief shall be constructed at the applicant's expense.
17. SCHOOLS. The applicant shall be required to pay a per- square -foot impact fee for
commercial development to the Alameda Unified School District at the time of filing for
individual building permits, pursuant to the Sterling; Act fee as adopted by the Alameda
Unified School District from time to time
18. HAZARDOUS MATERIALS.
To ensure protection of public health and the environment, the contractor shall
submit plans, procedures and controls to be used when encountering hazardous
conditions and substances during construction to the City , for prior approval. The
applicant shall submit all proposed construction and rehabilitation plans to the
Alameda County Environmental Health Department for prior approval, and shall
coordinate with federal and state regulatory agencies before disturbing soil or
groundwater to identify precautionary measures to be implemented during
construction.
Should unanticipated hazardous waste be encountered during construction, the
contractor will stop excavation in that area and immediately contact the City
Planning and Building Department and owners of other property within 200 feet of
known areas of contamination prior to construction in areas of contamination.
c) The contractor will evaluate potentially contaminated materials encountered during
construction in the context of applicable local, state and federal regulations and/or
guidelines governing hazardous waste. The applicant will remediate or dispose of
materials deemed hazardous following applicable agency regulations and/or
guidelines. Qualified hazardous waste personnel will supervise, and document
evaluations, remediation, treatment and/or disposal of hazardous waste. Construction
personnel will utilize the protocols in this manual. Should excavated material be
determined to contain chemicals at concentrations considered hazardous, the
contractor shall transport the material to a licensed facility for treatment/disposal.
Such materials shall be covered while being hauled.
The contractor shall handle groundwater brought to the surface in compliance with
relevant construction permit conditions. If contamination is suspected or noted
during construction, decant water shall be containerized and analyzed by a California
Environmental Protection Agency Environmental Laboratory Accreditation Program
(ELAP) - certified laboratory using EPA - approved analytical methods. Options for
ultimate disposal of decant water may include the following: direct discharge to the
stormwater system; direct discharge to the sanitary sewer system; pretreatment,
followed by discharge to these systems; or transport to and disposal at an
appropriately permitted facility in compliance with relevant state and federal
regulations.
In any area of contamination, the contractor shall secure the construction zone
with fencing or other barriers of sufficient height and structural integrity, and post
"No Trespassing signs to prevent unauthorized entry. In such areas, the contractor
shall arrange security and conduct meetings with construction personnel to inform
them about required security measures and reporting/contingency measures.
In any areas of known contamination, the contractor shall monitor for subsurface
contamination. Monitoring will, at a minimum, include visual observation and
screening of excavated materials' for organic vapors with a photoionization detector
(PID) by personnel with appropriate hazardous materials training, including 40 hours
of Occupational Safety and Health Administration (OSHA) approved health and
safety training.
19. MITIGATION MEASURES. Mitigation Measures 1 through 16 of Initial Study IS01 -07,
circulated December 20, 2001, State Clearinghouse Number 2001122'2079, are incorporated
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herein by reference as Attachment "A" as conditions of approval as if set forth at length
herein.
a) For convenience in title, Mitigation Measures are summarized as the following:
1). Air Quality
2). Cultural Resources -- Evaluation If Found
3). Cultural Resources -- Excavations /Contacts
4). Geology and Soils
5). Hazards and Hazardous Material
6). Hydrology and Water Quality
7). Hydrological Analysis
8). Noise -- Acoustical Analysis
9) Noise -- Construction
10). Noise--From Tools
11). Public Services
12). Traffic -- Citywide Development Fee
13). Traffic -- Webster Street/Eagle Avenue
14). Traffic -- Webster Street/Pacific Avenue
15). Parking - -In Lieu Fees
16). Utilities and Service Systems
20. HOLD HARMLESS. The City of Alameda requires as a condition of this Use Permit and
Major Design Review approval that the applicant, or its successors in interest, defend,
indemnify, and hold harmless the City of Alameda or its agents, officers, and employees
from any claim, action, or proceeding against the City or its agents, officers, and employees
to attack, set aside, void, or annul, an approval of the City concerning the subject property,
which action is brought within the time period provided for in Government Code Section
66499.37. The City of Alameda shall promptly notify the developer of any claim, action or
proceeding and the City shall cooperate fully in the defense. If the City fails to promptly
notify the developer of any claim, action, or proceeding, or if the City fails to cooperate fully
in the defense, the developer shall not hereafter be responsible to defend, indemnify, or hold
harmless the City.
21. ACKNOWLEDGMENT OF CONDITIONS. The applicant shall acknowledge in writing
all of the conditions of approval and must accept this permit subject to those conditions and
with full awareness of the applicable provisions of Chapter 30 of the Alameda Municipal
Code in order for this Major Design Review to be exercised.
CONDITIONS FOR USE PERMIT
22. LIMITATION OF USE The project shall only be operated as a hotel for transient
occupancy, as defined in Section 3 -1412 of the Alameda Municipal Code (AMC) pertaining
to the Transient Occupancy Tax. In order to ensure that the use will be for transient
occupancy only, the hotel management shall: 1) only allow a person or entity to register for
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a maximum stay of twenty -nine (29) calendar days at any one time; and 2) only offer hotel
rates for continuous stays of 29 calendar days or less. All occupancies, regardless of length
of stay, shall be subject to payment of the Transient Occupancy Tax in accordance with the
AMC.
No hotel room may constitute a dwelling within the meaning of AMC Sections 30 -2 and 30-
50 ( "Measure A "). As modified by the applicant February 7, 2002 in revised Exhibit "A,"
none of the rooms may contain any stovetops or other food preparation or cooking facilities.
Prior to issuance of a building permit, the applicant shall prepare a deed restriction on the
property to the satisfaction of the Planning and Building Director and record it with the
Alameda County Recorder and provide a copy of the recorded deed restriction to the City.
The deed restriction shall specify that occupancy at the hotel would be limited to transient
occupancy only which allows a maximum stay of twenty -nine days per registration, and
limiting the construction and use of kitchen facilities as described in this Condition.
23. UNENCLOSED STORAGE. There shall be no outdoor storage unless approved by the
Planning and Building Director, and any outdoor storage permitted shall be temporary for
in- transit materials.
CONDITIONS FOR MAJOR DESIGN REVIEW
24. LANDSCAPING Landscaping and irrigation shall be installed prior to approval of
occupancy of any additional structure. Trees shall be 15 gallon' or 24 inch box size as
designated on the landscaping plan in Exhibit "A. ". The developer shall be required to
comply with the landscaping requirements of the Parking Ordinance which requires a
minimum of one tree shall be planted for every four parking spaces within the adjacent one -
acre portion of the parking' lot. Trees shall be planted to create a tree canopy throughout the
parking lot.
25. PARKING. Prior to issuance of Final Design Review for the site and construction, or as
otherwise approved by the Planning and Building Director the applicant shall provide a
detailed revised parking plan, for review and approval by the Planning and Building
Director.
Disabled accessible parking spaces shall be retained or restriped to meet the number
and dimensions required by the City and shall have disabled parking signs as
approved by the City Public Works Department.
b. All other parking spaces shall be 81/2 by 18 feet in size (standard) or 71/2 feet by 15
feet (compact) with backout area as provided by the Alameda Municipal Code. No
more than 50% of the parking spaces shall be compact.
26. LIGHTING. Prior to issuance of Final Design Review and construction, the applicant shall
submit a lighting plan and details of lighting fixtures for review and approval by the Planning
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and Building Director in consultation with the Police Department crime prevention unit. The
lighting fixtures shall be compatible with existing lighting fixtures in the area. Lighting shall
be installed which provides an average of 2 footcandles of exterior light unless greater
intensity is approved by the Planning and Building Director. All on -site lighting, including
construction lighting, shall be downward- directed and shielded lighting and shielded to avoid
lighting impacts on adjacent areas.
27. AWNINGS. All awnings shall be canvas, not meta
28. SIGNS. No signs shall be installed without prior issuance of a Sign Permit, subject to
City requirements.
29. ARCHITECTURE. Prior to issuance of Final Design Review for construction the applicant
shall submit for Planning and Building Director review and approval, architectural details
and final colors and materials for the building, including but not limited to all trim and door
specifications, and trash and recycling area. Minor alterations to plans of Exhibit "A" may
be approved by the Planning and Building Director. Significant alterations may require
review by the Planning Board, as determined by the Planning and Building Director.
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.
NOTICE. The conditions of project approval set forth herein include certain fees and other
exactions. Pursuant to Government Code Section 66020 (d) (1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the dedications, reservations
and exactions. The applicant is hereby further notified that the 90 day appeal period in which the
applicant may protest these fees and other exactions, pursuant to Government Code Section 66020
(a) has begun. If the applicant fails to file a protest within this 90 day period complying with all the
requirements of Section 66020, the applicant will be legally barred from later challenging such fees
or exactions.
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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 a regular meeting assembled on the
19th day of March, 2002, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr, and Mayor
Appezzato - 5.
NOES:
ABSENT:
None.
None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
20th day of March, 2002.
Lara Weisiger, City Clerk
City of Alameda