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Resolution 12920CITY OF ALAMEIJA RESOLUTION NO. 12920 UPHOLDING THE PLANNING BOARD'S DECISIONS (ZC-97-7, ZC-97-8, ZC-97-9) REGARDING PROPERTIES LOCATED AT 2607 SANTA CLARA AVENUE, 1500 AND 1506 BROADWAY STREET, ALAMEDA WHEREAS, three applications were made on April 18, 1997 by Edward J. Murphy requesting zoning compliance determinations to allow: 1) the demolition of all existing structures on the two separate parcels and construction of a triplex; 2) the remodeling and renovation of a single family residence into a duplex; and 3) the demolition of all existing structures on the three separate parcels, the combination of the parcels, and construction of a fourplex on the combined parcels; 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 May 29, 1997, the Planning Director provided written determinations that Section 30-53.1 of the Alameda Municipal Code prohibits construction of a new building which would result in multiple dwelling units and a triplex or fourplex as a multiple dwelling unit would not be in compliance with the Zoning Ordinance; and WHEREAS, on May 29, 1997, the Planning Director further provided a written determination that the R-4 Zoning District requires 2,000 square feet per dwelling unit and the parcel with the single family residence contains 3,302 square feet. Therefore, the parcel does not have adequate square footage to construct two dwellings as 4,000 square feet would be required; and WHEREAS, on June 4, 1997, the applicant appealed the Planning Director's determinations; and WHEREAS, the Board held a public hearing on July 14, 1997 to consider these appeals, and examined pertinent maps, drawings, and documents; and WHEREAS, on July 14, 1997, the Planning Board unanimously upheld the Planning Director's three zoning compliance determinations; and WHEREAS, on July 15, 1997, the applicant appealed the Planning Board's decisions; and WHEREAS, the City Council held a public hearing on August 19, 1997 to consider these appeals, 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: Interference with Use of Property Mr. Murphy asserts the Planning Director's determinations are arbitrary and capricious interference with the use of his property. The Planning Director's interpretations were straight forward quotations from the Zoning Ordinance consistent with past practices of the Planning Department, and therefore, are not arbitrary and capricious. These appeals are not really based upon the Planning Director's interpretation of the Alameda Municipal Code, but constitute a challenge to the legality of the Code itself. Health, Safety and Welfare/Limitation on Local Housing Supply Mr. Wood asserts that the Planning Director must make a determination that Alameda Municipal Code Section 30-53.1 regarding the prohibition on multiple dwelling units 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 further asserts that Measure A (codified as Alameda Municipal Code Section 30-53.1) limits the local housing supply. 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. 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby upholds the Planning Board's decisions regarding ZC-97-7, ZC-97-8, and ZC-97-9 and denies the appeals 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 - 1. 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. Diane e sch, C City of Alameda