Resolution 14056CITY OF ALAMEDA RESOLUTION NO. 14056
UPHOLDING THE APPEAL BY HARSCH INVESTMENT REALTY FOR
MAJOR DESIGN REVIEW DR06-0096, BUILDING 500, LOCATED AT
2246 SOUTH SHORE CENTER
WHEREAS, an application was made on October 4, 2006, by the applicant
requesting approval of Major Design Review DR06-0096; and
WHEREAS, the application was deemed complete on October 15th; and
WHEREAS, the Planning Board held a public hearing on this application on
December 11, 2006, and examined pertinent drawings, and documents; and
WHEREAS, the motion to approve this permit failed for lack of a majority
vote of the Planning Board; and
WHEREAS, the applicant appealed this Planning Board decision on
December 13, 2006; and
WHEREAS, approval of this design review permit shall not preclude the
Planning Board or City Council from requiring future modifications or site
improvements including, but not limited to, sidewalks, parking areas, landscaping
and bicycle facilities required under existing and/or pending Planned Development
Amendments; and
WHEREAS, the City Council finds as follows regarding this Major Design
Review approval:
The project will be compatible with the site and neighboring
properties and promotes harmonious transitions in scale and
character between different designated land uses.
Pursuant to AMC Section 30-37.5(c) this finding may rely on project
consistency with the principles and standards contained in the City Design
Review Manual (DRM). The project has been evaluated and determined to
be consistent with the principles and standards of the DRM. The project is
located in an existing shopping center that is undergoing a phased
renovation. The project design is consistent with recently renovated
buildings in the shopping center. Architectural features including windows,
doors, eaves, and parapets have good proportions, relate well to one
another and form a well integrated design theme. The project has been
designed to minimize effects on nearby properties and provides
harmonious transitions in scale and character between land uses.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City
of Alameda hereby determines that in 2003, the City adopted Mitigated Negative
Declaration IS02-0006 that evaluated the impacts of expanding and reconstructing
the shopping center. The current proposal has been evaluated for new impacts
and changed circumstances. Based on evidence contained in this report and
project files, the Lead Agency has determined that the project will not cause new
significant impacts. Pursuant to CEQA Guidelines Section 15162, no additional
CEQA review is required at this time; and
BE IT FURTHER RESOLVED that the City Council of the City of Alameda
approves Major Design Review DR06 -0081, subject to the following conditions:
Conditions:
1. The building and associated improvements shall be constructed in
substantial compliance with the approved Design Review plans.
Prior to occupancy, the applicant shall request a final inspection by
Planning staff. Final occupancy shall not be granted until Planning
and Building staff determine that buildings, landscaping and other
improvements have been constructed in compliance with approved
Design Review plans.
3. The following requirement shall be met prior to Planning and
Building Department issuance of a Certificate of Occupancy for this
building: The applicant shall provide an east —west pedestrian path
as required by Condition No 1 (a) of Planning Board Resolution No
PB- 03 -40; or Condition 1 (a) may be modified by the Planning
Board at a publicly noticed hearing.
4. This approval is valid for one year. Construction must commence
under valid permits prior to January 2, 2008 unless the applicant
applies for and is granted a one (1) year extension by Design
Review Staff prior to expiration. Only one (1) extension may be
granted. Additionally, Resolution PB- 03 -40, as amended by the
Planning Board on September 12, 2005 requires that construction
be completed, by October 15, 2007.
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 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 thereafter be
responsible to defend, indemnify, or hold harmless the City.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 2nd day of January 2007, by the following vote to wit:
AYES: Councilmembers Gilmore, Matarrese, Tam
and Mayor Johnson - 4.
NOES: Councilmember deHaan
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 3rd day of January, 2007.
Lara Weisiger, City Jerk
City of Alameda