Resolution 12457CITY OF ALAMEDA RESOLUTION NO. 12457
DENYING THE APPEAL AND UPHOLDING THE PLANNING BOARD'S
DETERMINATION THAT VARIANCE V-93-16 IS A USE VARIANCE
WHICH CANNOT BE PROCESSED BECAUSE USE VARIANCES ARE
PROHIBITED BY ALAMEDA MUNICIPAL CODE.
WHEREAS, an application was made on May 13, 1993 by Alexander
Bannon requesting a Variance to permit the conversion of an
accessory structure to a second unit in conjunction with Use Permit
93-13; and
WHEREAS, the Planning Director determined that this
application constituted a Use Variance which cannot be processed
because the Alameda Municipal Code prohibits Use Variances; and
WHEREAS, Mr. Bannon appealed the Planning Director's
determination to the Planning Board; and
WHEREAS, the Planning Board heard the appeal on August 9, 11
1993, and denied the appeal; and
WHEREAS, Mr. Bannon appealed the Planning Board's decision to Q
the City Council; and
WHEREAS, the appeal is not a project as defined by CEQA,
Guidelines, Section 15378 -- definition of a project: an action
which has the potential for resulting in a physical change in the
environment; and
WHEREAS, the City Council held a public hearing on this
appeal, and has examined pertinent maps, drawings, and documents;
and
WHEREAS, the City Council has made the following findings:
1. The proposal is to convert an accessory structure into a
second unit which is prohibited by subsection 30-
4.1(c)(5)(a) of the Alameda Municipal Code.
2. The requested Variarice is a Use Variance because is seeks
to authorize a use not otherwise expressly authorized by
the zoning regulations governing the parcel of property.
3. Alameda Municipal Code section 30-2, definition of
Variance, prohibits the processing of Use Variances.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Alameda hereby denies the appeal and upholds the Planning
Board's determination that Variance V-93-16 cannot be processed.
BE IT FURTHER-RESOLVED that 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, or the date of final action on any appeal,
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 regular meeting assembled on the 21st day of
September , 1993, by the following vote to wit:
AYES: Councilmembers Appezzato, Arnerich, Lucas, Roth
and President Withrow - 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 22nd day of September , 1993.
Diane B. Felsch, City Clerk
City of Alameda