Resolution 12621CITY OF ALAMEDA RESOLUTION NO. 12621
APPROVING THE APPEAL BY R.G. ANDERSON FOR PROMONTORY POINTE
HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS AND MODIFYING THE
PLANNING BOARD APPROVAL OF PLANNED DEVELOPMENT AMENDMENT, PDA-
94-09, THE HEADLANDS (TRACT 6226), HARBOR BAY ISLE VILLAGE V
WHEREAS, an application was made on November 16, 1994 by
Harbor Bay Village V Associates requesting a Planned Development
Amendment, PDA-94-09, to allow the modification the approval of
PDA-89-01 for the construction of 88 new homes within Tract 6226;
and
WHEREAS, the subject property is designated Low Density
Residential on the General Plan Diagram; and
WHEREAS, the subject property is located in a R-1-PD, One
Family, Planned Development Zoning District; and
WHEREAS, the single family development of Tract 6226 was
adequately evaluated in the 1973 Final Environmental Impact Report
prepared by Arthur D. Little and certified by the City of Alameda
in April 1974, as augmented by an Addendum to Final Environmental
Impact Report for Harbor Bay Isle, accepted by the City Council in
April 1989; and
WHEREAS, the City of Alameda Planning Board held a public
hearing on this application on January 9, 1995, and examined
pertinent maps, drawings and documents, and conditionally approved.
Planned Development Amendment, PDA-94-09; and
WHEREAS, on January 18, 1995, R.G. Anderson appealed two
Conditions of Approval on behalf of the Promontory Pointe
Homeowners' Association Board of Directors on the following basis:
1. We believe this relaxation of building restrictions for
the 88 lots known as "Headlands" is improper and unfair
to all property owners in Harbor Bay Isle who have had to
abide with the original height and foot print
restrictions assigned to the Harbor Bay Isle
development."
2. "These restrictions would allow greater height and
density of homes than was ever intended for this
development."
WHEREAS, on the applicant and the appellant have agreed upon
changes in the approved conditions which resolve the issues
relating to the appeal; and
WHEREAS, Conditions #23, #24 and #27 of this Resolution
incorporate the agreed upon changes; and
WHEREAS, the City of Alameda City Council conducted a public
hearing of the appeal on February 21, 1995, and examined pertinent
maps, drawings, and documents.
WHEREAS, the Planning Board made the following findings:
1. The proposed amendment is consistent with the General
Plan. The area is designated as low density residential
and the proposal is for a residential development with a
density of approximately 8 units per acre where the
General Plan permits a density of 4.5 to 8.7 units per
acre.
2. The proposed use is compatible with Planned Development
Amendment, PDA-89-01. The approved residential use will
be retained.
3. The location of the proposed residential use is
compatible with other residential land uses in the
general neighborhood area.
4. The proposed use, if it complies with all conditions upon
which approval is made contingent, will not adversely
affect other property in the vicinity.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
Alameda hereby grants the appeal and modifies certain conditions of
approval based on the findings above and an agreement reached
between the applicant and the appellant as reviewed and approved by
the Planning Board on February 15, 1995.
BE IT FURTHER RESOLVED that the City of Alameda City Council
hereby approves PDA-94-09 subject to the following conditions:
PREVIOUS CONDITIONS OF APPROVAL
1. All Conditions of Planning Board Resolution 1939 (approved the
Planned Development for Village V) which apply to the
development on individual lots within Tract 6226, The
Headlands, are hereby rescinded, with respect to their
application to Tract 6226.
APPROVED PLANS
2. a. The project shall be constructed in substantial
compliance with the plans dated 11/24/94, titled "Planned
Development Amendment, The Headlands, Tract 6226, for
Harbor Bay Village V Associates", prepared by Design
Planning Associates, Inc., stamped "Received 11/16/94",
marked Exhibit "A", on file in the office of the City of
Alameda Planning Department, except as modified by the
conditions in this Resolution.
b. The provisions entitled "Encroachments", and "Design
Guidelines" on sheet 2 of Exhibit "A" are expressly not
approved as part of the Planned Development Amendment.
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c. The layout of 21 house plans on particular lots as shown
on sheet 4, "Phase One, Plotting Plan" of Exhibit "A" is
for purposes of illustration.and is not intended to show
the actual placement of houses on these lots. This will
be determined through the Design Review process.
PROPOSED PROJECT
3. The Planned Development Amendment approves four semi-custom
house plans (plans 1 through 4) and the option of a completely
custom designed house (plan 5). Buyers will have input from
the beginning in selection of design options for plans 1
through 4 and plan 5 will be designed by the buyers design
team. The Design Review process will be utilized to approve
specific plans on specific lots.
MODEL HOMES
4. If the applicant chooses to develop model homes, sales office,
parking lot and/or related landscaping, such projects shall be
subject to Design Review. Model homes shall show driveways
and other areas to be paved as they will appear with finished
homes.
LANDSCAPING
5. Landscaping within the public rights-of-way shall meet Public
Works Department, Engineering Division and Planning Department
Design Review approval.
6. Prior to issuance of any Building Permit for new house
construction in Tract 6226, the applicant shall submit a
landscaping program that provides the plant palette and
conceptual landscape plan for the front yard area of the lots.
The landscaping program shall be to the satisfaction of the
Planning Director. This landscaping program will be used as
a basis to evaluate individual landscaping plans for each lot
to ensure a cohesive streetscape. The applicant shall select
planting material based upon its suitability for the sandy,
bay front soils on the site to promote healthy vegetation.
Planting shall be drought tolerant and supportive of coastal
habitat along the shoreline and lagoon and shall comply with
the City of Alameda Water Conservation Ordinance.
7. All front yards are required to have landscaping installed
prior to issuance of a Certificate of Occupancy. Where front
yard landscaping cannot be not fully installed prior to
Certificate of Occupancy, a performance agreement which
provides for the completion of the required landscaping may be
executed and a financial security acceptable to the Planning
Director provided to permit issuance of a Certificate of
Occupancy before completion of the landscaping.
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8. A landscaping plan for three access walkways, including
hardscape, planting and fencing details, shall be submitted
prior to issuance of a building permit for the first residence
within Tract 6226. It shall be to the satisfaction of the
Planning Director and Public Works Director. The hardscape
shall be installed at the time of roadway and utility
installation. The planting and fencing shall be installed
prior to the issuance of a Certificate of Occupancy for the
homes adjacent to the access walkway.
9. Prior to the issuance of a building permit for any new house
construction within Tract 6226, a procedure for the
maintenance and irrigation of the proposed sycamore trees
within the parking strip and the front yards shall be
submitted. It shall be to the satisfaction of the Planning
Director and the Public Works Director.
10. For lots 12 through 23 and 84 through 88 which back up to a
lagoon, where the main structure will be located within 15
feet of the Lagoon Bank Maintenance Easement as shown on the
Final Map for Tract 6226, the following provisions shall
apply:
a. As part of the Design Review application, a complete
landscaping plan shall be provided for the rear yard in
addition to landscaping plans for the front yard. These
plans shall show the development of the lagoon bank area
to provide usable outdoor living area, to the
satisfaction of the Planning Director.
b. This landscaping shall be installed prior to the
Certificate of Occupancy. Where this landscaping cannot
be fully installed prior to the Certificate of Occupancy,
a performance agreement which provides for the completion
of the required landscaping may be executed and a
financial security acceptable to the Planning Director
provided, to permit issuance of a Certificate of
Occupancy before completion of the landscaping.
c. All necessary soils reports and structural engineering
reports required for the placement of the house in this
location relative to the lagoon shall be submitted in
conjunction with the Design Review.
LIGHTING
11. Lighting of outdoor areas shall be shown on landscaping plans
and shall be as low in intensity as possible consistent with
safety requirements.
CUL-DE-SAC DESIGN
12. More than 50% of the perimeter of the cul-de-sacs may be used
for driveway curb cuts as shown in the approved Improvement
Plans. Private drives at the end of cul-de-sacs of all lots,
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except lots 8 & 44, shall not exceed 20 feet in width within
the boundaries of the lot, and shall be minimized at the curb,
subject to approval by the City Engineer.
FENCE PLAN
13. Prior to issuance of a Building Permit for any new house
construction in Tract 6226, a separate fence plan maximizing
available views along the Shoreline Park shall be submitted
for Design Review approval. Fencing shall be completed prior
to Certificate of Occupancy for each house which abuts
Shoreline Park, including lot 52.
PARCEL SIZE
14. The minimum parcel size for Tract 6226 shall be 5,400 square
feet.
REGULATIONS FOR TRACT 6226
15. All regulations of the Alameda Municipal Code shall apply to
Tract 6226 except where express provisions have otherwise been
approved.
YARD SETBACKS
16. Front yard setback shall be a minimum of 15 feet, except for
Lots # 5, 9 through 16, 19, 27, 32, 34, 35, 44, 46, 64, 66,
71, 72, 77, 78, 84, 87 and 88 which may have a minimum front
yard setback of 6 feet.
17. Lots with a minimum front yard setback of less than 15 feet,
shall have a minimum rear yard setback of 20 feet.
18. Side yard setbacks shall be a minimum of 5 feet.
19. The minimum required rear yard setback for lots 26 and 31
through 37 shall be 17 feet.
20. Lots 24, 45, 46, 51 and 52 are not subject_to the setback
requirements set out in conditions #16 to #18. The setbacks
for these lots shall be as shown on a plan titled, "Specific
Setback Requirements for Lots 24, 45, 46, 51 & 52, Tract
6226", prepared by Design Planning Associates, dated January
9, 1995, marked Exhibit "B", and on file in the Planning
Department.
21. The minimum setback to a garage door from a front property
line shall be 18 feet, except for those lots which are
permitted a reduced front yard setback of 6 feet, which may
have a minimum garage door setback of 18 feet or place the
garage door at 6 feet.
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HEIGHT
22. The maximum permitted building height for those lots which
abut the Woodbridge development, Lots 23, 24, 26, 31 through
37, 51 and 52, shall be 30 feet.
23. For all other lots, the maximum permitted height at the roof
ridge shall be 32 feet and 25 feet at the roof eave.
24. Residences with flat roofs shall not be permitted.
25. Where a house is permitted to have a minimum front yard
setback of six feet, the maximum permitted height within 15
feet of the front property line shall be 30 feet.
NUMBER OF STORIES
26. Residences within Tract 6226 shall be limited to two stories.
BUILDING COVERAGE
27. Building coverage shall not exceed 5596 of lot area for lots
under 6,413 square feet and shall not exceed 48sk for lots
6,413 square feet and larger. See Exhibit "C," titled:
"Headlands Tract 6226 Square Footage of Individual Lots",
prepared by Harbor Bay Village Five Associates dated. February
3, 1995, and on file in the Planning Department.
ENCROACHMENTS
28. a. Eaves, sills, cornices, beltcourses and similar
architectural features may encroach a maximum of 2 feet
into required yards. However, no such feature shall be
less than 3 feet from a property line.
b. Fireplaces and/or fireboxes may encroach into the
required side and rear yards for a maximum of 2 feet for
a maximum distance of 12 linear feet.
c. Second story decks may only be approved_for lots which
abut Shoreline Park or a lagoon. Such decks are
permitted to encroach 7 feet into the required rear yard
setback for no more than 25 feet. However, no such
encroachment shall be permitted on lot 52.
d. Encroachments under Condition #28b and #28c shall be
considered as part of the building coverage requirement.
e. No other encroachments into the required yards shall be
permitted for the principal structure.
PARKING
29. All lots may be developed with a three-car, side-by-side
garage except 2, 7, 14, 19, 20, 23, 24, 26, 34, 35, 39, 42,
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43, 45, 55, 62, 67, 70, 73, 74, 78, 82 & 85 which do not have
an extended curb cut as shown on the approved Improvement
Plan.
30. Where a garage provides two side-by-side parking spaces,
additional garage spaces may be provided by tandem parking.
31. A minimum of 0.5 guest parking spaces per dwelling unit shall
be provided on-street.
32. Garages and guest parking places shall not be converted to
other uses.
ACCESSORY STRUCTURES
33. The following types of accessory structures may be permitted
within the required rear yard setback: garage, gazebo, garden
shed, art studio, or similar structures. Such structures
shall not encroach into the required front or side yards.
34. No kitchen or tub or shower facilities shall be permitted
within an accessory structure. A sink and/or toilet may be
permitted.
35. Accessory structures shall be set back a minimum of five feet
from all property boundaries.
36. Accessory structures may be attached to the main residence or
shall be separated from the main residence a minimum of five
feet.
37. Accessory structures shall not exceed ten feet at the eave
line or parapet or 15 feet at the ridge. Accessory structures
are limited to one story.
38. Accessory structures shall not cover more than 20% of the
required rear yard of the lot.
39. Na more than two accessory structures shall.be permitted on
any lot.
40. Accessory structures shall be included as part of the building
coverage requirements.
41. For lots abutting the Shoreline Park, all accessory structures
shall require the approval of a Planned Development Amendment.
Location of such structures shall consider Bay view impacts
from adjacent lots.
PATIO COVERS, AND DECKS
42. Patio covers such as trellises, arbors, pergolas and similar
structures, at-grade decks or structures which connect
approved docks to at-grade decks may be permitted within
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required rear yards and side yards. Second story decks are
regulated under Condition #28c.
43. Patio covers constructed within the required front yard, or in
the rear or side yards of lots abutting the Shoreline Park
shall require the approval of a Planned Development Amendment.
Location of such structures shall consider view and privacy
impacts on adjacent lots.
44. Patio covers may be attached to the main residence, or may be
detached from the main structure, subject to Design Review.
45. Patio covers may not exceed ten feet in height.
46. Patio covers, at-grade decks larger than 200 square feet, or
second story decks shall be included as part of the building
coverage requirement.
47. Patio covers and at-grade decks may cover up to 50 of the
required rear yard of the lot.
FRONT YARD COURTYARDS
48. Fences, walls, hedges and similar barriers in the front yards
of any lot shall be limited to three feet in height for a
solid fence and four feet in height for a see-through fence.
A see-through fence shall be defined as any fencing material
in which the amount of opaque fence material, excluding the
posts, is less than 50%.
49. In exception to Condition #48, front yard fences, walls,
hedges or similar barriers may be increased up to a maximum of
six feet in height under the following circumstances, subject
to Design Review:
a. For lots which provide a reduced front yard setback, as
regulated by Condition #15, the residence must be
articulated away from the front property boundary to
accommodate a front yard court yard.
b. For lots which provide a 15 foot front yard setback, an
extended fence may be constructed in front yard areas not
devoted to a driveway.
c. Extended fences must be integrated into the design of the
residence.
d. The courtyard must be developed as an outdoor living area
and must be connected to an interior living area via
patio doors, french doors or similar doorways.
e. Extended fences shall not extend into the five foot
public utility easement.
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f. Extended fences on corner lots must be reviewed and
approved by the City Engineer with respect to visibility
zones.
EXTERIOR MATERIALS
50. Roofing shall be Class A, quality composition, concrete, clay,
slate, perlite or similar materials, subject to Design Review.
51. Exterior wall surfaces shall be painted/stained wood or
shingle siding and cement plaster/stucco. Real or cultured
brick and stone may be used for accent, subject to Design
Review.
52. Windows in Plans 1 through 4, shall be metal or vinyl clad.
For Plan 5, other window types which express the same level of
quality, may be used, subject to Design Review.
BUILDING ARTICULATION
53. To create visual interest and minimize the appearance of mass
and bulk, each house should have an articulated foot print
and/or facades, particularly for those houses which provide
only the minimum required setback for most of their perimeter
and which are two stories in height. The articulation of the
front and rear facades are of particular importance. Houses
should step back at the second story.
REVIEW OF PROPOSED DEVELOPMENT
54. Construction of a residence at Tract 6226 shall be subject to
Design Review. No Final Development Plan approval shall be
necessary for the construction of a new residence.
55. Additions and/or alterations to residences within Tract 6226
shall be subject to design review if said modifications are in
compliance with standards of this Planned Development
Amendment. Additions and/or alterations shall be subject to
a Planned Development Amendment where they do not comply to
one or more requirements.
56. Notification for projects subject to Design Review shall
include the Homeowners' Associations of Woodbridge, Crown
Pointe and the Community of Harbor Bay Isle.
VESTING
57. The Planned Development Amendment shall terminate one (1) year
from January 9, 1995, unless actual construction or alteration
under valid permits has begun, or the applicant applies for
and is granted an extension prior to the expiration of the
Planned Development Amendment.
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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
February , 1995, by the following vote to wit:
AYES:
Councilmembers Arnerich, DeWitt, Lucas,
Mannix and President Appezzato - 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 February , 1995.
Diane B. Felsch, City Clerk
City of Alameda