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Resolution 12907CITY OF ALAMEDA RESOLUTION NO. 12907 UPHOLDING THE PLANNING BOARD'S DECISION REGARDING PROPERTIES LOCATED AT 2607 SANTA CLARA AVENUE, 1500 AND 1506 BROADWAY STREET, ALAMEDA WHEREAS, an application was made on February 7, 1997 by Edward J. Murphy requesting a zoning compliance determination to allow demolition of three single family structures on three separate parcels and construction of a fiveplex; and WHEREAS, the subject properties are designated Medium Density Residential on the General Plan Diagram; and WHEREAS, the subject properties are zoned R-4 Neighborhood )- LuResidential); and CC 0 WHEREAS, on March 3, 1997, the Planning Director provided a written determination that the three parcels lacked sufficient <square footage unless combined with an adjacent parcel to have any ›-additional dwelling units; and WHEREAS, on March 13, 1997, the applicant appealed the Planning Director's determination; and WHEREAS, the Board held a public hearing on April 28, 1997 to consider this application, and examined pertinent maps, drawings, and documents; and WHEREAS, on April 28, 1997, the Planning Beard unanimously upheld the Planning Director's decision that the three parcels lacked sufficient square footage unless combined with an adjacent parcel to have any additional dwelling units; and WHEREAS, on April 29, 1997, the applicant appealed the Planning Board's decision; and WHEREAS, the City Council held a public hearing on July 1, 1997 to consider this appeal, heard all public testimony, and considered all pertinent information; and WHEREAS, the City Council has considered the appellant's bases of appeal as contained in a letter dated June 3, 1997 from Joseph Wood on behalf of Edward Murphy, each of which is set out in bold in the following paragraphs and the City Council makes the following findings regarding each bases of appeal: Built Form Mr. Murphy and Mr. Wood assert that the Planning Director's Determination must include a determination regarding the construction of a fiveplex. Mr. Murphy's request involved three parcels, each of approximately 3,000 square feet. Since none of the parcels can, in their present configuration, support more than a single family residence, any discussion about additional units and in what form those units are constructed is premature. Whether these potential units are in the form of a fiveplex or five single family residences is not relevant when no further development can take place on the properties. As was stated in the Zoning Compliance Determination, five units could only be constructed if there were a parcel created with at least 10,000 square feet in area, based upon the Zoning regulations for the R-4 (Neighborhood Residential) Zoning District which require 2,000 square feet per dwelling unit. Since the parcels are not combined, no additional information is appropriate at this time. Mr. Murphy received a complete answer to his question - there is inadequate area for any additional dwellings. Density Provisions Mr. Wood asserts that there needs to be clarification regarding the density provisions. The density provisions cited to Mr. Murphy are in the Zoning Ordinance. These density provisions are in the R-4 (Neighborhood Residential) Zoning District as that is the zoning of the three parcels. This information was provided-to Mr. Murphy in his Zoning Compliance Determination and again in person on March 5, 1997 in his discussion with Planning staff. No further clarification is necessary. Lot Line Adjustment and Parcel Recombination Mr. Wood asserts that Mr. Murphy did not request a determination of "what might happen if he.combined the subject properties with other, undesignated property." While it is correct that Mr. Murphy did not request combining the subject parcels with any additional parcels, the suggestion of adjustment of parcel boundaries was not with "undesignated property." Since the parcels about which he requested information, in and of themselves contained less than the Zoning Ordinance requirements for five dwelling units, the most reasonable approach was to inform him of the Lot Line Adjustment option and to suggest that the option include adjacent property. From Mr. Murphy's other numerous Zoning Compliance Determinations, staff has knowledge that he is the owner of the adjacent parcel. As this parcel is contiguous to the three parcels in his request, the suggestion was made that he consider including in his Lot Line Adjustment the adjacent property which he owns. Variance Mr. Wood asserts that Mr. Murphy requested a determination of whether or not five units "could be constructed on a combined parcel having a total area just 350 square feet (i.e., 3.5%) less than what the Planning Director has cited . . . " Mr. Murphy's request (see Attachment 1) noted the combined square footage of the three parcels, but did not specifically state that he was aware of the fact that the combined square footage was less than the Zoning Ordinance density provisions. Rather than assume that Mr. Murphy was aware of the Zoning density provisions and was requesting some adjustment to them, the Planning Director provided Mr. Murphy with the density provisions and the requirement that each unit must have 2,000 square feet of lot area. Additionally, as stated above, Mr. Murphy is owner of an adjacent property which could be combined with the subject properties, thus avoiding the need for a Variance. Until the recent correspondence from Mr. Wood, there has been no mention by Mr. Murphy of a request for a Variance; therefore, whether or not a Variance would or could be granted was not part of the Planning Director's Zoning Compliance Determination. The issue of a "variance" was not in his original request, his discussion notes with Planning staff, nor a part of his appeal. Therefore, Mr. Wood's assumption that a Variance is impossible to obtain is not based upon any request by Mr. Murphy nor any statement made or implied to be made by the Planning Director. Health, Safety and Welfare Determination Mr. Wood asserts that the Planning Director must make a determination that the 2,000 square feet per living unit requirement of the R-4 Zoning district is necessary for the health, safety or welfare of the population of the City and to not make this determination is arbitrary and unlawful. Mr. Wood is incorrect about the responsibilities of the Planning Director to provide the substantiation of the legality of the zoning provisions as part of the decision on a Zoning Compliance Determination. The Planning Director assumes adopted City Ordinances are valid and does not question City ordinances each time they are applied because it would lead to a time consuming and unproductive process. The responsibility alluded to by Mr. Wood is proof required in a court of law. The purpose of a Zoning Compliance Determination is to provide specific information to people where they require assistance in applying zoning provisions to their property. Mr. Murphy is not seeking any new information over what was provided by the Planning Director in 1986. Based upon previous actions by Mr. Murphy, this request for a Zoning Compliance Determination is nothing more than an attempt by Mr. Murphy to gain standing in a legal challenge against the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby upholds the Planning Board's decision-and denies the appeal filed by Edward J. Murphy. NOTICE. This decision by the City Council regarding an appeal is final as of the date of the Resolution unless judicial review is initiated pursuant to California Code of Civil Procedure Section 1094.5. Any such petition for judicial review is subject to the provisions of California Code of Civil Procedure Section 1094.6 after the date of this decision. 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 1st day of July , 1997, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Kerr, Lucas 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 2nd day of July , 1997. //A aane4relsch, City Clerk City of Alameda