Resolution 13161CITY OF ALAMEDA RESOLUTION NO. 1 31 61
SUSTAINING APPROVAL BY THE PLANNING BOARD OF THE CITY OF ALAMEDA
UPHOLDING MINOR DESIGN REVIEW APPROVAL FOR THE CONSTRUCTION OF A
SECOND STORY ADDITION AT 11 CHILMARK LANE, ALAMEDA, BRIAN AND SUSAN
MADDOCK
WHEREAS, an application was made on June 28, 1999 by Brian and Susan Maddock for a
Minor Design Review to construct a second story addition; 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 Residential- Planned
Development) Zoning District; and
WHEREAS, the Planning Director approved the Minor Design Review for the proposed
addition; and
WHEREAS, on September 2, 1999 Joseph and Diane Audelo filed an appeal of the Planning
Director decision to the Planning Board; and
WHEREAS, the Board held a public hearing on this application on September 27, 1999, and
on October 25, 1999, and examined pertinent maps, drawings, and documents; and
WHEREAS, the Planning Board considered the appellants' basis of appeal which can be
summarized as concerns with light and massing, and has considered the Planning Director's response
and found there is no basis to grant the appeal.
WHEREAS, on October 25, 1999, Joseph Audelo filed an appeal of the Planning Board
decision to the City Council; and
WHEREAS, the City Council held a public hearing on this appeal on December 7, 1999, and
examined pertinent maps, drawings and documents; and
WHEREAS, the Council has made the following findings to uphold the Planning Boards
determination and approved the Minor Design Review:
1. The project will have no significant adverse effects on persons or property in the
vicinity. The subject building is currently one story (15 feet 6 inches high) and the
surrounding residences are greater than 20 feet high. The proposed 678 square foot second
story addition is above the garage; the maximum height would be 24.3 feet (the neighboring
property closest to the garage is to the South and stands 25 feet high). The neighboring
property to the South is addressed 129 Basinside Way. The property at 129 Basinside Way
has a 5 foot easement from the property at 11 Chilmark Lane; there is a 13 foot setback
between these two houses. In the winter the solarium style nook might experience less early
morning sun, but the shading does not constitute a significant adverse effect on the persons
or property.
2. The project will be compatible and harmonious with the design and use of surrounding
properties. Resolution #950 approving Planned Development PD -77 -5 permits
encroachments into the required yards to allow for greater flexibility in design and to achieve
a greater variety of street frontages. The proposed addition is in conformance with the
allowed encroachments. The addition is designed in conformance with the design
requirements and compliments the design of the existing structure. The proposal includes
matching siding materials, windows, and roof pitch. The additional height gained in this
addition would be similar to the adjacent two story structures at 19 Chilmark Lane and 129
& 121 Basinside Way; the rear neighboring property, at 40 Clipper Drive, is a single story
house with volume ceilings and stands greater than 20 feet high.
3 The project will be consistent with the City's Design Review Guidelines. The proposal
has an appropriate sense of scale, a compatible roof line and harmonious colors and building
materials as the Design Review Manual, Building Design section requires.
THEREFORE BE IT RESOLVED that the City Council of the City of Alameda hereby sustains the
Planning Board approval of a Minor Design Review for 11 Chilmark, subject to the following
conditions:
Plans submitted for Building Permit and all construction, shall substantially comply with the
plans prepared for 11 Chilmark Lane by DPA, INC., consisting of three full sized sheets,
titled "Maddock Residence ", and marked "Exhibit A ", on file in the City of Alameda
Planning Department, except as modified by these conditions of approval.
2. The windows of the addition shall have muntins and mullions to match the windows of the
existing residence.
3. This approval is valid for six months. The building permit for this work must be obtained
prior to February 23, 2000, unless the applicant applies for and is granted a six (6) month
extension by Design Review Staff prior to expiration. Only one (1) extension may be
granted.
4. Any changes to the exterior details from the approved plans shall be submitted for Planning
Staff review and approval.
NOW therefore be it resolved that, the City Council upholds the Planning Board decision to
uphold the Planning Director's Minor Design Review Approval.
NOTICE, No judicial proceedings subject to review pursuant to California Code of Civil
Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this
decision plus extensions authorized by California Code of Civil Procedure Section 1094.6.
NOTICE. The Conditions of Project Approval set forth herein include certain fees and other
exactions. Pursuant to Government Code Section 66020(d)(1), these conditions constitute written
notice of a statement of the amount of such fees, and a description of the dedications, reservations
and other exactions. You are hereby further notified that the 90 day appeal period in which you may
protest these fees and other exactions, pursuant to Government Code Section 66020(a) has begun.
If you fail to file a protest within this 90 day period complying with all the requirements of Section
66020, you will be legally barred from later challenging such fees or exactions.
1, 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 7th day of December , 1999, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, and
Mayor Appezzato - 4.
NOES: Councilmember Kerr -1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seas of said City this
8th day of December , 1999.
Diane Felsch, City Clerk
City of Alameda