Resolution 13397CITY OF ALAMEDA RESOLUTION NO.13397
UPHOLDING THE PLANNING BOARD APPROVAL OF PLANNED DEVELOPMENT,
PD- 00 -02, AT 3500 OLEANDER (BAY COVE DEVELOPMENT)
WHEREAS, an application was made on September 14, 2000 by Carl Wesenberg
representing Bay Cove LLC, for a Planned Development to create a 28 lot single family subdivision
with an average lot size of 2,788 square feet, to set the development standards for the subdivision,
an internal private street, visitor parking, and open space with landscaping on a 2.8 acre site; and
WHEREAS, the application was accepted as complete on June 1, 2001; and
WHEREAS, the subject property is designated Medium Density Residential on the General
Plan Diagram; and
WHEREAS, the subject property is located in a R -2 -PD (Two Family Residential Planned
Development) Zoning District; and
WHEREAS, the Planning Board held a public hearing on August 13, 2001, and approved the
Planned Development; and
WHEREAS, Amberson McColloch appealed the Planning Board approval on August 20,
2001, and George Thenn appealed the Planning Board approval on August 24, 2001; and
WHEREAS, the City Council considered the staff responses to the bases of the appellants'
appeal as set out in the City Council Memorandum, which are hereby incorporated by reference,
and finds that there is no merit in the bases of appeal; and
WHEREAS, the City Council of the City of Alameda makes the following findings with
respect to the appellant's bases of appeal and relative to the Planned Development for setting the
development standards for a 28 unit subdivision:
The proposed Planned Development is consistent with the General Plan which
specifies residential uses for this site.
2. The Planned Development is a more effective use of the site than is possible under
the regulations for the district with which the Planned Development District will be
combined because a Planned Development allows for a comprehensive development
of the site.
3. The Planned Development, if it complies with all the mitigations of the Mitigated
Negative Declaration, will not have a significant adverse effect on adjacent land uses.
4. The layout of the proposed Planned Development project complies with the
provisions of the Subdivision Map Act and the Alameda Subdivision Regulations.
The division of the site will be subject to a separate subdivision application to ensure
full compliance.
5. The proposal complies with maximum density of one dwelling unit for every 2,000
square feet of parcel area.
NOW, THEREFORE, BE IT RESOLVED that the City Council adopted Mitigated Negative
Declaration, IS- 00 -05, to address the environmental impacts related to the project; and
BE IT FURTHER RESOLVED that the City Council upholds the Planning Board approval
Planned Development, PD- 00 -02, subject to the following conditions:
APPROVED PLANS
1. The plans submitted for the Building Permit and Design Review shall be in substantial
compliance with the plans titled "Bay Cove" prepared by Hollman Bologna Architecture &
Planning, Inc. dated 4/12/01, consisting of 19 sheets marked "Exhibit A ", Tentative Tract
Map No. 7302, dated 5/31/01, marked " Exhibit B ", and Preliminary Landscape Plan,
prepared by SLS, dated 5/15/01, and marked "Exhibit C "and on file in the office of the City
of Alameda Planning Department, subject to the conditions specified in this resolution
approving the project.
2. Lot 24 and 25 shall be combined into a single lot and shall be developed in the following
manner:
A. The setbacks are as follows:
i. A minimum 3 foot front yard.
A minimum 15 feet north - easterly sideyard.
iii. A minimum 5 foot south westerly sideyard.
iv. Rear yard along the easterly boundary starting from the driveway /access
easement between Lot 26 and the combined lot 24/25:
1. A minimum setback of 18 feet for the first 37 feet (within the former
lot 25).
2. A minimum setback of 25 feet for the remainder of the lot (within the
former lot 24).
B. The maximum length of the north easterly wall of the house (ie closest to Silva
Lane) shall not exceed 51 feet and the height of the wall as measured from the eave
to the grade shall not be greater than 12 feet.
C. Within 42 feet of the north easterly lot boundary (ie within the former lot 24) , the
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house shall be limited to one story with a height no greater than the one story model
within the Heritage of Alameda development; within the remaining portion of the
combined lot 24/25 (ie within the former lot 25), the house may be 2 story to a
maximum height of 26.5 feet.
D. To protect the privacy of the existing homes along Silva Lane in Heritage of
Alameda, windows on the second story wall facing to the north east shall either have
a minimum sill height of 48" or shall be fixed windows with obscured glass.
E. The architecture, the exterior materials and color of the home shall be compatible
with the Bay Cove development. Its design shall include architectural elements to
minimize the apparent mass of the house, such as articulation of the building facade,
use of a hipped roof over the second story, stepping back the building at the second
story, or other acceptable design features.
F. The house on combined lot 24/25 shall be subject to a Major Design Review with
notice to abutting property owners.
PARCEL SIZE
2. The minimum parcel size for PD -00 -02 shall be 2,000 square feet.
3. The minimum parcel width within PD -00 -02 shall be 35 feet, except that lot '1 may have a
reduced width at the front property line (Oleander Avenue) of 29 feet as shown on Exhibit
([B„
REGULATIONS FOR PLANNED DEVELOPMENT, PD -00 -02
7. All regulations of the Alameda Municipal Code shall apply to PD -00 -02 except where
express provisions have otherwise been made in this Planned Development approval.
YARD SETBACKS
8. Minimum sideyard setbacks shall be 5 feet from the property line, except as specified in
condition #2.
9. Minimum rear yard setbacks shall be 15 feet from the property line, except Lot 2 which may
have a rear yard setback of 14.5 fee and Lot 24/25 which shall have a minimum rear yard
setback is specified in Condition #2. However, in no event shall the rear yard setback be less
than 7 feet.
10. Minimum front yard setbacks shall be 3 feet from the property line.
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HEIGHT
11. The maximum ridge height of any dwelling unit shall be 30 feet, except that the height limit
on the combined Lot 24/25 is specified in Condition #2.
NUMBER OF STORIES
12. Residences within PD -00 -02 shall be limited to 2 stories, except that the house on the
combined Lot 24/25 is limited as specified in Condition #2.
BUILDING COVERAGE
13. The maximum building coverage within this development shall be as shown on Exhibit "B ".
Any addition of habitable space to any dwelling shall require a Planned Development
Amendment.
SITE PLAN
14. Except for Lots 24 and 25, the actual placement of houses and model types on particular lots
shall be as shown on Exhibit "B" and any changes shall require a Planned Development
Amendment. The development of Lot 24/25 shall comply with the requirements set out in
Condition #2.
ENCROACHMENTS
15. a. Eaves, greenhouse windows, sills, awnings and similar architectural features may
encroach a maximum of 2 feet beyond the existing exterior walls of the residences
as shown on Exhibit "B ". However, no such feature shall be less than 3 feet from a
property line.
b. Fireplaces and/or fireboxes may encroach into the required side and rear yards for a
maximum of 2 feet beyond the existing exterior walls of the residences, for a
maximum of 10 feet in length, as shown on Exhibit "B ". However, no such feature
shall be less than 3 feet from a property line.
PARKING
16. A minimum of 14 guest parking spaces shall be provided on- street within the development.
17. Garages and guest parking places shall be available and used for parking only and shall not
be converted to other uses. The Covenants, Conditions and Restrictions (CC &Rs)
established for this project shall incorporate this restriction.
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18. Garage doors shall not open over property lines.
19. Each garage door shall be equipped with automatic /remote garage door opener.
20. Parking shall not be permitted on any driveway within the development. The CC &Rs shall
reflect this prohibition and the Homeowners' Association shall be authorized to enforce this
prohibition.
21. The 20 foot wide driveway at Lot 27 shall be reduced to 10 feet for the first 40 feet of Lot
27 and the area not used for driveway and back -up shall be landscaped. This site plan
change shall be reflected on the Final Landscape Plan.
ACCESSORY STRUCTURES
22. No accessory structures shall be permitted within any required yard. The Covenants,
Conditions and Restrictions established for this project shall incorporate this restriction.
DESIGN REVIEW
23. Prior to the issuance of the first building permit for the first residence within Tract 7302, the
developer shall submit Final Design Review plans, which shall include at a minimum hard
line drawings of all models, specific location and design of all vents, downspouts and gutters.
24.. All elevations shall have a degree of detailing to avoid a flat facade. Particular attention shall
be paid to front and street side elevations. This may include, but is not limited to, articulated
elevations, setback of second stories, window trims, bay windows, deep eave lines and a
variety of roof pitches.
25. Homes shall be designed with the main entry facing the front property line, except for
Model "D" which may have a side entry facing the proposed open space.
26. Garage doors shall be detailed to minimize their prominence. This may include stepping
back of garage doors from the front elevation, or addition of trellises surrounding garage
doors. If garage doors are to be stepped back, the minimum step back shall be 12 inches.
Further, the garage doors shall not be steel sectional doors, but of an upgraded design to the
satisfaction of the Planning and Building Director.
27. All windows within the development shall be wood or vinyl clad,
28. Windows on the second floors shall be located to minimize privacy intrusion of windows
of existing adjacent homes
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29. All decorative stonework shall be applied to touch the floor of the entry porch and shall be
extended along the entire length of the porch.
30. Roof may be clad with composition shingles. However, such shingles shall be an
architectural enhanced or high -grade material, "thick- butted" with an irregular pattern and
color to simulate wood shakes to the satisfaction of the Planning Director.
LANDSCAPING
31. Prior to issuance of a Building Permit, the developer shall' submit a Final Landscaping Plan
in substantial compliance with Exhibit "C ", except as modified by the conditions of this
resolution.
32. Final Landscaping Plans contain the following:
a. Complete plant list with both the common and scientific name, quantities and
spacing of all plant species.
b. An Irrigation Plan with automatic controller for all front yards, and common area
landscaping..
c. A statistical analysis of the percentage turf used, if any, within the common areas,
and all front yards.
d. Mulching and staking details.
e. Private fence design.
f. Mail box and other street furniture design.
33. Final Landscape Plans shall specify the following:
a. Each lot shall have a minimum of one 15- gallon size tree planted, except Lot 2.
b. A minimum of two 24" box trees shall be planted on Oleander Avenue adjacent to
lots 1 and 2 to the satisfaction of the Public Works Director.
34. Front yards for individual dwellings are required to have landscaping installed prior to
issuance of a Certificate of Occupancy for the dwelling. Where` front yard landscaping
cannot be fully installed prior to issuance of a Certificate of Occupancy, a performance
agreement which provides for the completion of the required landscaping may be executed
and a financial security acceptable to the Planning Director provided to permit issuance of
a Certificate of Occupancy before completion of the landscaping.
35. Prior to the issuance of a' Certificate of Occupancy for the homes immediately adjacent to
common area all planting and hardscape shall be installed to the satisfaction of the Planning
Director and Public Works Director. If landscaping cannot be fully installed prior to
issuance of Certificate of Occupancy, a performance agreement which provides for the
completion of the required landscaping may be executed and a financial security acceptable
to the Planning Director provided to peimit issuance of a Certificate of Occupancy before
completion of the landscaping.
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36. Landscaping of all front yard areas and common areas, including the planter strips, areas
around the visitor parking pads, common areas and other landscaping along interior streets,
shall be maintained by the Homeowner's Association, which shall be instituted as part of the
Covenants, Conditions and Restrictions for the Planned Development.
LIGHTING
37. Lighting of the common area and private street shall be shown on the Final Landscape Plan
and shall be as low in intensity as possible consistent with safety requirements. Fixtures
shall be submitted for review and approval by the Planning Director as part of the final
landscaping plan approval.
AMENDMENTS
38. Additions and/or alterations to residences within Tract 7302 shall be subject to design review
if said modifications are in compliance with standards of this Planned Development.
Additions and/or alterations shall be subject to a Planned Development Amendment where
they do not comply to one or more of the requirements.
COVENANTS, CONDITIONS AND RESTRICTIONS
39. As part of the submission for the Final Map, the applicant shall submit for review a copy of
the proposed CC &Rs which provides for the maintenance of all common facilities, such as
the private street and utilities, not accepted for maintenance by a public agency, and includes
an easement to the Homeowners' Association for maintenance of landscaping along the
private street, open space, and perimeter fencing and retaining walls to the satisfaction of
the Planning Director in consultation with the City Engineer and City Attorney.
HOLD HARMLESS
40. Pursuant to California Government Code Section 66474.9(b), the City of Alameda requires
as a condition of this Planned Development and Preliminary Design Review approval that
Bay Cove, LLC, or its successors in interest, defend, indemnify, and hold harmless the City
of Alameda or its agents, officers, and employees from any claim, action, or proceeding
against the City or its agents, officers, and employees to attack, set aside, void, or annul, an
approval of the City concerning PD -00 -02 and DR -00 -104 and the proposed construction at
3500 Oleander Avenue which action is brought in the time provide for in Government Code
Section 66499.37. The City of Alameda shall promptly notify the applicant of any claim,
action or proceeding and the City shall cooperate fully in the defense. If the City fails to
promptly notify the applicant of any claim, action, or proceeding, or if the City fails to
cooperate fully in the defense, the subdivider shall not hereafter be responsible to defend,
indemnify, or hold harmless the City.
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VESTING
41. The Planned Development shall terminate one (1) year from September 18, 2001, and shall
expire on September 18, 2002, unless actual construction or alteration under valid permits
has begun, or the applicant applies for and is granted a one -time one (1) year extension prior
to the expiration of the Use Permit.
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 a regular meeting assembled on the
18th day of September, 2001, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor 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
19th day of September, 2001.
Lara Weisiger, Acting''ity Clerk
City of Alameda