Resolution 13072CITY OF ALAMEDA RESOLUTION NO. 13072
OVERTURNING THE PLANNING BOARD'S APPROVAL AND DENYING PRELIMINARY
MAJOR DESIGN REVIEW. DR -97 -63 FOR 1929 WEBSTER STREET
WHEREAS. an application was made on August 5, 1997 by Moti Koka for a Design Review
for the construction of two commercial buildings (one 1,424± square feet, the other 6,181± square feet),
associated parking and landscaping on a site located near the southwest corner of Atlantic Avenue and
Webster Street; and
WHEREAS, the application was found to be incomplete by letter dated September 5, 1997, and
by subsequent letters from the City of Alameda Planning Department; and
WHEREAS, the application was accepted as complete as on June 14. 1998; and
WHEREAS, the subject property is located in a CM (Commercial- Manufacturing) Zoning
District; and
WHEREAS, the site is designated Community Commercial on the Land Use Diagram of t)
General Plan; and
WHEREAS, the site is located within the boundaries of the Business and Waterfront
Improvement Area, and the Planning Board has been advised that, subject to meeting City standards ands
requirements, the proposed project would conform to the adopted Community Improvement Plan (CIP
for the Business and Waterfront improvement Area and General Plan policies incorporated by referenc
within the CIP; and
WHEREAS, Initial Study IS 98 -01, was prepared which included an evaluation of the
environmental impacts of the proposed project, and the Planning Board adopted on November 9, 1998,
a Resolution approving a Mitigated Negative Declaration and Mitigation Monitoring Program for the
project; and
WHEREAS, the Planning Board held a public hearing on this application on September 28,
1998 and continued the application so that concerns raised during the public hearing could be addressed;
and
WHEREAS, the Planning Board held a public hearing on this application on November 9, 1998,
examined pertinent maps, drawings, and documents, and adopted the Mitigated Negative Declaration
and Mitigation Monitoring Plan, and approved the Preliminary Design Review; and
WHEREAS, Vice Mayor DeWitt called for review to the City Council the Planning Board
action on November 12. 1998: and
WHEREAS, the City Council held a public hearing on this appeal on December 1, 1998 and
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examined pertinent maps, drawings, and documents.
NOW. TI IEREFORE. BE IT RESOLVED that the City Council of the City of Alameda hereby
finds that the requirements of CEQA do not apply to this project, in accordance with CEQA Section
15270, Projects Which are Disapproved; and
BE IT FURTHER RESOLVED that the City Council of the City of Alameda hereby overturns
the action of the Planning Board and denies Preliminary Major Design Review, DR -97 -63 hased upon
the following findings:
The project will have a significant adverse effect on persons or property in the
vicinity; because the project will have visual and aesthetic impacts which have not been
fully evaluated or adequately mitigated, which include inadequate building and paving
setbacks and buffering from adjacent properties; because adequate parking for the
proposed uses has not been provided, because of the small site area only a small car
inventory can be accommodated within the building, creating a probability that the
unenclosed parking may be used for displaying sales products; because the project
design does not adequately mitigate potential adverse impacts on the neighboring uses,
such as Days Inn and Indepenu—ice Piaza, caused by the following:
a. Smoke, vibration, glare, odors, and handling of hazardous or toxic materials,
and
b. Noise impacts on neighboring properties resulting from the use of tools,
especially pneumatic and electric powered tools, for auto repair.
2. The project will not be compatible with the site and with the design and use of
surrounding properties, because although the project site design offers the best
alternative to a single building design given the difficult site configuration, the proposed
project design falls short of conforming with The City of Alameda General Plan Design
Element policy 3.1.a, which states that "Alameda's entrances should create a sense of
civic pride ", and policy 3.2.e, "Encourage landmark structures at prominent locations ";
and because the following design options were not adequately considered:
a. The appearance of a garage door on the north wall of Building B -1, facing
Atlantic Avenue, and
b. The improved safety and access to the site offered by a two -way driveway, in
lieu of the one -way drive proposed, and
c. Insufficient consideration given to future uses with a higher parking demand
than the proposed light manufacturing and storage uses potentially resulting in
a parking deficiency.
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The project does not promote harmonious transitions in scale and character between
different land uses, because the proposed architecture_ as conditioned. will result in a project
which is not compatible with the site, or provide a harmonious transition in scale and character
to all differing adjacent land uses, including the Independence Plaza Senior Housing Complex;
because the project design. in spite of the difficult configuration of the parcel, does not include
an adequate amount of landscaped area and trees for a project of this scale and given its gateway
location; because the size of the planters designated for landscaping on the north side of the
parking area are insufficient for the specified trees and shrubs; and because the final design does
not restrict the height, the number of permitted hydraulic lifts, or provide adequate space to plant
trees on the north side of the rear building.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby
overturns the Planning Board's approval, and denies Preliminary Design Review, DR- 97 -63.
NOTICE. This decision by the City Council regarding an appeal of call for review is final as
of the date of this 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.
Glee/ so.22Koka 2
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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 1st day of December , 1998, by the following vote to wit:
AYES: Councilmembers DeWitt, Kerr and President Appezzato - 3.
NOES: Councilmember Daysog - 1.
ABSENT: None.
ABSTENTIONS: Councilmember Lucas - 1.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 2nd day of December , 1998.
Diane Felsch, City Clerk
City of Alameda