Resolution 13892CITY OF ALAMEDA RESOLUTION NO. 13 89 2
GRANTING THE APPEAL AND OVERTURNING THE HISTORICAL ADVISORY
BOARD'S DECISION TO UPHOLD THE FIVE -YEAR STAY IN DEVELOPMENT FOR THE
PROPERTY LOCATED AT 616 PACIFIC AVENUE.
WHEREAS, on July 12, 2004 Planning and Building Department Staff approved Major
Design Review DR04 -0051 for additions to the l s` story, a new 2nd story addition, interior remodel,
porch additions, etc. that would add approximately 1,500 square feet to the dwelling located at 616
Pacific Avenue; and
WHEREAS, the Building Official made a determination that the proposed project did not
involve demolition because it would not affect more than 30% of the value of the structure; and
WHEREAS, on January 10, 2005 Planning and Building Department Staff issued building
permits for the approved modifications, mentioned above; and
WHEREAS, an inquiry was received by the Code Compliance Division on May 3, 2005
regarding the demolition of the main dwelling at 616 Pacific Avenue; and
WHEREAS,' on May 5, 2005, a Stop Work Order and notice of a five year stay in
development was placed on the subject property, pursuant to the Alameda Municipal Code (AMC)
§13 -21b.; and
WHEREAS, a letter was submitted on June 28, 2005
that the main building had extensive dry rot damage; and
ctural engineer indicating
WHEREAS, letters of support have been received from neighboring property owners stating
that they encourage the redevelopment of the property, as originally proposed; and
WHEREAS, if the site remained vacant on a street that is otherwise substantially developed,
the property would have a negative impact on the adjacent properties and the surrounding
neighborhood; and
WHEREAS, Staff presented research and information regarding the dwelling's deteriorating
condition and lack of historic significance at a public hearing of the Historical Advisory Board
(HAB) on August 4, 2005; and
WHEREAS, the HAB made a determination that the property should be subject to the five
year stay in the issuance of building and construction related permits; and
WHEREAS, there are extenuating circumstances with regard to this property that make
imposition of the five year no -build order inappropriate; and
NOW, THEREFORE BE IT RESOLVED that the City Council finds that the project is
Categorically Exempt under California Environmental Quality Act Guidelines, Section 15321 —
Enforcement Actions by Regulatory Agencies;
NOW, THEREFORE BE IT RESOLVED that the City Council supports the appeal and
overturns the Historical Advisory Board's determination that the property at 616 Pacific Avenue
shall be subject to the five year stay in the issuance of any building permit or construction- related
permit. The dwelling, approved by Major Design Review #DR04 -0051, should be constructed,
subject to the following conditions:
APPROVED PLANS. The construction of the single - family dwelling shall be completed in
substantial compliance with the plans dated May 24, 2004, prepared by Design Planning
Associates, Inc., marked as "Exhibit A ", on file in the City of Alameda Planning and
Building Department.
2. CONDITIONS OF APPROVAL: DR04 -0051. The construction of the single- family
dwelling shall comply with all conditions of approval identified in the Notice of Preliminary
Major Design Review Approval, dated July 12, 2004.
HOLD HARMLESS. The City of Alameda requires as a condition of this 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. The City of Alameda shall promptly notify the applicant of any
claim, action or proceeding and the City shall cooperate in the defense. If the City fails to notify
the applicant of any claim, action, or proceeding, or 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 6th day of September, 2005, by the following vote to wit:
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 affixed the official seal of said City
this 7th day of September, 2005.
Lara Weisiger, City Cl
City of Alameda