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Resolution 15147CITY OF ALAMEDA RESOLUTION NO. 15147 UPHOLDING PLANNING BOARD RESOLUTION PB -16 -10 APPROVING DESIGN REVIEW, DENSITY BONUS, DENSITY BONUS WAIVER AND PARKING EXCEPTION APPLICATION PLN 15 -0536 FOR CONSTRUCTION OF A THREE -STORY MIXED -USE DEVELOPMENT INCLUDING NINE RESIDENTIAL FOR SALE UNITS AND 4,700 SQUARE FEET OF GROUND FLOOR RETAIL AT 1435 WEBSTER STREET. WHEREAS, Dannan Development submitted an application for Design Review, Density Bonus, Density Bonus Waiver, and Parking Exception for the site at 1435 Webster Street; and WHEREAS, the General Plan designation of the site is Community Commercial; and WHEREAS, the parcel is located within the C -C Zoning District (Community Commercial); and WHEREAS, the Planning Board held a noticed public hearing and examined all pertinent materials on February 22, 2016 and March 28, 2016; and WHEREAS, the Planning Board approved the project subject to conditions outlined in Planning Board Resolution No. PB -16 -10 on March 28, 2016; and WHEREAS, on March 28, 2016, Mayor Spencer called up for review the said approval for consideration by the City Council; and WHEREAS, the City Council held a public hearing on the call for review on May 3, 2016 at which time all materials submitted and all comments made by all parties, including staff, regarding this application were considered; and NOW, THEREFORE, BE IT RESOLVED, that the City Council finds that the project is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15332 In -Fill Development Projects. The project is consistent with the applicable general plan designation, policies and zoning designations and regulations. The proposal is located within the city limits on a project site of no more than five acres substantially surrounding by urban uses. The project site has no value as habitat for endangered, rare or threatened species. The site has been operated as a parking lot. The project would not result in significant effects relating to traffic, noise, air quality or water quality. The site is adequately served by all required utilities and public services; and BE IT FURTHER RESOLVED, the City Council makes the following findings: DENSITY BONUS AND WAIVER FINDINGS: The existing zoning designation for the property allows up to seven residential units. Dannan Development has submitted material, including a base plan, which shows compliance with the various aspects of the Density Bonus application, as specified in Section 30 -17.4 of the Municipal Code, and as allowed under California Government Code 65915. The applicant is proposing two moderate income affordable units, which qualifies the seven -unit project for a 23% density bonus for a total of nine (9) units. The proposed affordable units make the project eligible for development standard waivers under California Government Code 65915 and City of Alameda Municipal Code Section 3- 17. Dannan Development has requested a waiver from Alameda Municipal Code Section 30 -53 Prohibition on Multifamily Housing to accommodate the bonus units on the site. The required development standard waiver is necessary to accommodate nine (rather than seven) units on the property. The waiver from the Multi- family Prohibition is required to accommodate nine units on the property in a configuration that is consistent with General Plan policies and Webster Street Design Manual guidelines. Granting the requested waiver would not have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5,. upon health safety, or physical environment. Finally, the required development standard waiver would not be contrary to state or federal law. PARKING EXCEPTION FINDINGS The proposal includes 18 off- street parking spaces instead of the 21 off - street parking spaces required by AMC 30 -7. The reduction in spaces is warranted and justified by the following project- specific factors: the project is designed as a mixed use transit oriented development that is located on a major transit route with multiple transit lines, the project will be providing AC Transit Passes to project residents and employees, the on -site parking will be leased separately from the cost of the units, and the project site is situated in an urban area within walking distance of retail services. Furthermore, granting the parking waiver would not have a specific, adverse impact as defined in paragraph (2) of subdivision (d) of section 65589.5, upon health, safety, or the physical environment and would not be contrary to state or federal law. DESIGN REVIEW FINDINGS The proposed project design is consistent with the General Plan, Zoning Ordinance, and City of Alameda Design Review Manual. The proposed building height and site plans complies with General Plan policies and Zoning Ordinance requirements for building height, parking location, and continuous street wall on Webster Street. The proposed project design is compatible with the adjacent or neighboring buildings and promotes harmonious transitions in scale and character with surrounding land uses. The three story height, the setback from the adjacent residential properties and the continuous street wall and ground floor retail space on Webster Street promotes a harmonious transition with the surrounding land uses. The proposed design of the project is visually compatible with the surrounding development. The three -story height, the setback from the adjacent residential properties and the continuous street wall and ground floor retail space on Webster Street ensures a scale and massing and arrangement of land uses that is visually compatible with the surrounding development. Conditions of approval ensure thatthe colors and materials and architectural details will further promote a compatible design for the neighborhood; and BE IT FURTHER RESOLVED that the City Council hereby upholds Planning Board Resolution No. PB -16 -10 and incorporates by references the conditions of approval in said Resolution. 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 31d of May, 2016, by the following vote to wit: AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, and Oddie — 4. NOES: Mayor Spencer - 1. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 4t" day. of May, 2016. U Lara Weisiger, City I rk City of Alameda Approved as to Form: Jar}6t'C. Kern, City Attorney Ci�of Alameda