Resolution 13857CITY OF ALAMEDA RESOLUTION NO. 13 8 5 7
UPHOLDING THE HISTORICAL ADVISORY BOARD'S APPROVAL OF A LANDSCAPING
PLAN FOR PLANTING TWO COAST LIVE OAK TREES ON THE VACANT PROPERTY AT
301 SPRUCE STREET. THE SUBMITTAL OF A LANDSCAPING PLAN, AS PART OF NEW
DEVELOPMENT PROPOSALS ON THE SITE, WAS REQUIRED BY THE HISTORICAL
ADVISORY BOARD AS A CONDITION FOR THE REMOVAL OF ONE COAST LIVE OAK
TREE IN 2001. THE SITE IS LOCATED AT 301 SPRUCE STREET WITHIN THE R -4,
NEIGHBORHOOD RESIDENTIAL ZONING DISTRICT.
WHEREAS, in 2001 the Historical Advisory Board conditionally approved Certificate of
Approval CA01 -08 for the removal of one Coast Live Oak tree at 301 Spruce Street and required a
landscaping plan to be submitted for the planting of two Coast Live Oak trees at the time
development was proposed on the vacant parcel; and
WHEREAS, Hai Ky Lam, property owner of 301 Spruce Street, submitted a proposal to
construct one single- family dwelling on the property and a landscaping plan in accordance with the
Historical Advisory Board Resolution HAB- 01 -08; and
WHEREAS, the subject property is designated as Medium Density Residential on the
General Plan Diagram; and
WHEREAS, the subject property is located in the R -4, Neighborhood Residential Zoning
District; and
WHEREAS, the Historical Advisory Board held a public hearing on April 7, 2005 and
considered public testimony and comments on the proposed placement of the two Coast Live Oak
trees and approved the landscaping plan; and
WHEREAS, on May 17, 2005 and June 21, 2005 the City Council of the City of Alameda
held a public hearing for the appeal of the Historical Advisory Board's approval and examined
pertinent documents as well as the record of the Historical Advisory Board hearing; and
NOW, THEREFORE BE IT RESOLVED that the City Council finds that the project is
Categorically Exempt under California Environmental Quality Act Guidelines, Section 15304(b) —
Landscaping;
NOW, BE IT FURTHER RESOLVED that the City Council finds that the proposed
Landscaping Plan complies with the Historical Advisory Board's condition of approval for
Certificate of Approval CA01 -08 for planting two Coast Live Oak trees to replace one tree that was
removed in 2001;
NOW, BE IT FURTHER RESOLVED that the City Council denies the appeal and upholds
the Historical Advisory Board's approval of the Landscaping Plan as required under Certificate of
Approval CA01 -08 and Historical Advisory Board Resolution HAB01 -08, subject to the following
conditions:
1 APPROVED PLANS. The planting of the two Coast Live Oak trees (minimum twenty -four
inch box) shall be completed in substantial compliance with the landscaping plan dated
March 23, 2005, prepared by PGA Design Landscape Architects, marked as "Exhibit A ", on
file in the City of Alameda Planning and Building Department.
2. RECORDED LANDSCAPE AGREEMENT AND BOND: Prior to issuance of Building
Permits for development on the site, the applicants shall sign and record with the County
Recorder's Office a Landscape Maintenance Agreement with the City. This Agreement shall
follow the recommendations set forth in arborist Christopher Bowen's report dated
September 14, 2004. As part of this Agreement, the applicants will also be, required to
provide a bond (as approved by the City Attorney's Office) which ensures that: 1) the
landscaping plan dated March 23, 2005, is properly completed; and 2) that the two Coast
Live Oaks are protected.
3. SOIL TESTING. Prior to Design Review approval for new construction on the property, the
property owner shall provide a soils test report that is conducted according to the standards
stated below and other applicable Federal, State, County and local standards:
Soils shall be sampled according to ASTM El 903 -97, Standard Guide for Environmental
Site Assessments: Phase II Environmental Site Assessment Process, and ASTM D4700 -91,
Standard Guide for Soil Sampling from the Vadose Zone. Soils intended for residential areas
are subject to the following analytical requirements:
• No less than one composite sample from every 50 yd3 for VOCs (volatile organic
compounds) by USEPA Method 8260B;
• No less than one composite sample from every 250 yd3 for Title 22 metals by USEPA
Methods 6010C and 7470, and SVOCs (semivolatile organic compounds) by USEPA
Method 8270D with selection ion monitoring (SIM); and
• No less than one composite sample from every 500 yd3 for TPH (total petroleum
hydrocarbons) as gasoline, diesel, and motor oil; PCBs (polychlorinated biphenyls) and
OC (organochlorine) pesticides; and other Priority Pollutants. TPH analysis shall be by
USEPA Method 8015C, and PCBs and OC pesticides shall be analyzed by USEPA
Method 8082A.
All analyses shall be conducted by a California State - certified laboratory that is qualified to
perform these specific analyses. For each analytical method, the latest method update is to be
followed. Analytical results will be screened against the current USEPA PRGs (Preliminary
Remediation Goals) for residential soils to determine whether soils are appropriate for use as
fill in residential areas. All sampling and data evaluation will be conducted under the
supervision of a qualified California Professional Engineer or California Professional
Geologist, who shall sign and stamp the report of this work. If, in the opinion of the
Professional Engineer or Professional Geologist the history and character of the source of the
soil is well- enough understood to justify reducing the sampling frequency for some of the
Priority Pollutants, adjustment to the above sampling frequencies may be made, provided no
analyses are eliminated completely.
4. REMOVAL OF FILL MATERIAL. Procedures for the removal of soil from the site shall
conform to all applicable Federal, State, County, and local requirements. All applicable
permits required shall be obtained prior to removal of any soil material from the site.
5. HOLD HARMLESS: The City of Alameda requires 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. The City shall
promptly notify the applicant of any claim, action or proceeding and the City shall cooperate
in the defense. If the City fails to promptly notify the applicant of any claim, action, or
proceeding, or if the City fails to cooperate in the defense, the applicant shall not hereafter be
responsible to defend, indemnify, or hold harmless the City.
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.
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 the regular meeting of the City
Council on the 21st day of June, 2005, by the following vote
AYES: Councilmembers Daysog, deHaan, Gilmore, Matarrese
and Mayor Johnson — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and
this 22nd day of June, 2005.
xed the official seal of said City
Lara Weisiger, City Clerk
City of Alameda