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Resolution 12919CITY OF ALAMEDA RESOLUTION NO. 12919 UPHOLDING THE PLANNING BOARD'S DECISION (ZC-97-5) REGARDING PROPERTIES LOCATED AT 2607 SANTA CLARA AVENUE, 1500 AND 1506 BROADWAY STREET, ALAMEDA WHEREAS, an application was made on March 6, 1997 by Edward J. Murphy requesting a zoning compliance determination to allow the demolition of all existing structures on the three separate parcels and construct a fourplex in their place; 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 Residential); and WHEREAS, on April 14, 1997, the Planning Director provided a written determination advising that the density provisions of the R-4 Zoning District require 2,000 square feet per dwelling unit; that these properties are separate parcels and none of them has sufficient area to support more than a single dwelling unit; and, that in order to consider any development proposal, the parcels must be combined together in order to meet the density provisions which could be done through a Lot Line Adjustment; and WHEREAS, on April 21, 1997, the applicant appealed the Planning Director's determination; and WHEREAS, by mutual agreement, the appeal was scheduled more than three meetings from the date of the appeal; and WHEREAS, the Board held a public hearing on July 14, 1997 to consider this application, and examined pertinent maps, drawings, and documents; and WHEREAS, on July 14, 1997, the Planning Board unanimously upheld the Planning Director's decision that the three parcels lacked sufficient square footage to have any additional dwelling units; and WHEREAS, on July 15, 1997, the applicant appealed the Planning Board's decision; and WHEREAS, the City Council held a public hearing on August 19, 1997 to consider this appeal, heard all public testimony, and considered all pertinent information; and WHEREAS, the City Council has made the following findings with respect to the appellant's bases of appeal (in bold): Mr. Murphy states the Planning Director established unnecessary and discriminatory conditions for consideration of his development proposal. The Planning Director informed Mr. Murphy about the procedures required for further development on his property since each of the individual parcels was developed to the maximum extent possible under the R-4 Zoning regulations. Mr. Murphy's request 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, 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. Mr. Wood asserts that the Planning Director's decision must be clarified. The Planning Director answered Mr. Murphy's question regarding additional development. Any discussion about additional units and in what form those units were to be constructed was premature. Whether the potential units were in the form of a fourplex or four single family residences was not relevant when no further development could take place on the properties. However, it became apparent with Mr. Murphy's second request regarding construction of a fourplex (ZC-97-9, the subject of a separate appeal before the City Council), that his interest had less to do with the actual development and how to accomplish it, than with obtaining a determination regarding construction of a multiple family structure (in this instance, a fourplex) and Measure A. The Planning Director has issued a Zoning Compliance Determination regarding development of a multiple family structure on the three lots if they were combined on May 29, 1997, no additional determinations are required nor is reversal of this determination appropriate on that basis. Mr. Wood further asserts that Measure A limits the local housing supply and that the Planning Director must show that it is required for the health, safety, and welfare. 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 Crdinances 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. 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 19th day of August , 1997, by the following vote to wit: AYES: Councilmembers Daysog, Kerr, Lucas and Acting President DeWitt - 4. NOES: None. ABSENT: Mayor Appezzato - I. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of August , 1997. /2 e /1' //,'/ , Dianejelsch, City Clerk City of Alameda