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Resolution 13440CITY OF ALAMEDA RESOLUTION NO, 13440 DENYING THE APPEAL OF ED MURPHY AND UPHOLDING THE PLANNING BOARD APPROVAL OF A USE PERMIT UP01 -25 AND MAJOR DESIGN REVIEW DR01 -92, 1628 WEBSTER STREET AT PACIFIC AVENUE FOR A HOTEL USE AND A USE BETWEEN 10:00 PM AND 7:00 AM AND TO CONSTRUCT THE HOTEL WHEREAS, on July 11, 2001, Sandip Jariwala of Alameda Hospitality LLC filed an application for Initial Study IS01 -07, Use Permit UP01 -025 and Preliminary Design Review DR01 -092, and a Variance V01 -14, for a 50 -room hotel with 64 parking spaces and approximately 1,200 square feet of retail area on a 0.7 acre site located at 1628 Webster Street at Pacific Avenue; and WHEREAS, on August 1, 2001, the Planning and Building Department found that the application was Incomplete for processing pursuant to the Permit Streamlining Act; and WHEREAS, on November 19, 2001 the application was Complete for processing; and WHEREAS, the subject property is designated Community Commercial and Medium Density Residential on the General Plan Diagram; and WHEREAS, the subject property is in the C -C Community Commercial Zoning District which relates well to the General Plan; and WHEREAS, the subject property is within the Business and Waterfront Improvement Project (BWIP) area of the Community Improvement Commission (CIC); and WHEREAS, the Board has made the following finding that the Planning Board has been advised that subject to meeting City standards and requirements, the proposed Use Permit and Major Design Review would be consistent with the Plan for the Business and Wateifiont Improvement Project (BWIP); and WHEREAS, an Initial Study was prepared pursuant to the California Environmental Quality Act (State Clearinghouse Number 200 1122 2079) and was found to be complete; and wa s circulated for public comment from December 20, 2001 to January 24, 2002; and WHEREAS, one comment was received regarding the Initial Study, from the California Department of Toxic Substance Control, which the Planning Board determined did not raise new environmental issues or impacts which were not addressed by the Initial Study; and WHEREAS, the Planning Board held a public hearing on the Initial Study and determined that the document was complete and correct; and WHEREAS, on January 28, 2002, the Planning Board adopted a Mitigated Negative Declaration pursuant to CEQA by Resolution PB02 -012, and approved the Use Permit and Preliminary Design Review by Resolution PB02 -013 and ` payment of parking fees in -lieu of providing 3 parking spaces, by Resolution PB02 -016; and WHEREAS, the Planning Board denied Variance V01 -14 for three parking spaces by Resolution PB02 -014, in recognition that in -lieu parking fees were approved instead, and WHEREAS, on January 30, 2002 Ed Murphy timely filed an appeal, stating the bases of appeal as required in the Alameda Municipal Code, primarily that the application' violated "Measure A," being Chapter 26 -1 and 26 -3 of the City Charter, and that the hotel rooms were dwelling units and did not provide 2,000 square feet of land area per room; and WHEREAS, on March 5, 2002 the City Council considered the appeal and examined pertinent maps, drawings, documents and testimony and after fmding no merit to the bases of appeal, upheld the 'Planning Board's determination; and WHEREAS, the City Council of the City of Alameda makes the following findings: 1 The appellant's basis of appeal was as follows: The proposed project violates Section 26 -1 of ` the Alameda City Charter, passed by the people as "Measure A," m 1973. The proposed project also violates Section 26 -3 of the Alameda City Charter, passed by the people to strengthen the 1973 version of Measure A in 1991. The claim of the City Attorney that the proposed project does not violate either' Sec. 26 -1 or Sec. 26 -3 of the Alameda City Charter is legally incorrect, and appears to be in service of an attempt by city politicians to circumvent the will of the people. The intent of Article 26 was to avoid congestion, gridlock, etc. 2. The City Council finds, in response to the basis of appeal, that Section 30 -51.3 on pages 3086 and 3087 of the Alameda Municipal Code specifically exempts hotels from these Charter provisions: "Multiple dwelling units, construction of which is prohibited by this article and by Article XXVI of the Charter, shall not be deemed to mean or include: Hotels and motels designed for transient occupancy only, and boarding house and lodging houses." 3. Hotel rooms do not meet the definition of "residential" or "dwelling units" under the United States Census, the guidelines of the California Department of Housing and Community Development, State regulations for eviction or other similar governmental definitions. 4. Since hotel rooms are not dwelling units nor residential uses, Charter Section 26-1 and Section 26 -3 do not apply. 5. The approval contains conditions restricting use to a transient occupancy hotel. The applicant is bound by condition 4 of Planning Board Resolution Pl302-013, which states "The project shall only be operated as a hotel for transient occupancy...No hotel room may constitute a dwelling within the meaning of AMC Sections 30-2 and 30-50 ("Measure A")." 6. There are over 300 properties in the Hawthorn hotel chain Nationwide. None of these hotel properties is referred to as "residential" or "housing" in Hawthorn corporate literature. Hawthorn receives referrals as hotels, through Hyatt Hotels and other sources. WHEREAS, the City Council has made and concurred with the Planning Board regarding the following findings regarding the Use Permit application request: 1. The location of the proposed use is compatible with other uses in the vicinity because the construction of the building provides a hotel use and after-10:00 pm use which is similar to downtown suites hotel uses which function well in other communities; because fencing and landscaping will provide sufficient screening for neighboring property, and because mitigation measures of the Mitigated Negative Declaration protect uses from impacts. 2. The proposed use will be adequately served by transportation and service facilities because Webster Street and Pacific Avenue provide access to the site including automobile and bus access, and because the site has substantial parking. 3. The proposed use will not adversely affect other property in the vicinity because addition of a hotel at this intersection would reinforce property value and fulfill aims of the Business and Waterfront Improvement Project. 4. The proposed use favorably relates to the General Plan because the site is located within an area designated as Community Commercial and the proposed Use is compatible with this category. WHEREAS, the City Council makes and concurs with the Planning Board regarding the following findings with regard to the Major Design Review: 1. As conditioned, the project will be compatible and harmonize with the design and use of the surrounding area as required by AMC Section 30-37.5(a) because the building would be constructed of similar materials and colors as nearby buildings, the volume and proportions of the building are balanced and modulated and the parking area includes landscaping which would be compatible and transition to adjacent residential land uses. 2. The project will have no significant detrimental impacts on persons or on growth of property values in the vicinity as required by AMC Section 30-37.5(b) because the design continues the theme of Webster Street Design Guidelines in this area and would have fencing and landscape screening. 3. As conditioned, the project is consistent with the City of Alameda Design Review Guidelines because the materials, surfacesohapes and landscaping relate to nearby structures and provide an attractive view as required by AMC Section 30-37.5 ( c) because the principles 3 of the City Design Review Guidelines and the Webster Street Design Guidelines have been followed in project design, since the architecture of the new building and grounds will complement materials, surfaces and shapes in the vicinity; and WHEREAS, the City Council has heard appeal testimony and reviewed the record and determines that there is insufficient evidence in the appeal and the record to justify overturning the Planning Board approval; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda denies the appeal of Ed Murphy and upholds the Planning Board approval of Use Permit UP01 -25 and Major Design Review DR01 -92, subject to the following conditions: GENERAL CONDITIONS FOR USE PERMIT AND MAJOR DESIGN REVIEW 1. APPROVED PLAN. The project shall be constructed in substantial compliance with the plans prepared by Lee Gage and Associates, dated August 14, 2001, as amended February 7, 2002, in 6 sheets, including site plans and elevations of the proposed building, and color and materials board, on file in the office of the City of Alameda Planning and Building Department, together designated "Exhibit A," except as modified by the conditions in this Resolution, and as follows: a. Vertical window framing and horizontal bulkheads adjacent to windows along Webster Street and Pacific Avenue shall have a substantial covering surface such as tile (preferred), stone or fine textured stucco finish, rather than exposed metal; bulkheads shall be less than 30 inches above grade; b. Enhancing the visual effect of the Webster Street entrance with a cloth awning, change of window rhythm around the entry doors and differentiation of main entry front door frame with addition of side -light window frames up to or above the height of the door; c. Colors shall be more vibrant than on recent construction on the adjacent blocks, with colors similar to corporate colors of the applicant's hotel chain, such as Sherwin Williams Olympia Range 2385 dark green on metal trim surfaces and awnings; Monte Carlo 2328 and Honey Bee 2330 alternating on exterior walls; and Awning Red 2314 on bulkheads, cornices and other horizontal trim elements; terra cotta roof tiles; alternative colors include two shades of green ( #SW2229 Audubon and #SW2230 Herbivore) and #SW2315 Copper Nail); all equivalent or substitute colors may be approved by the Planning and Building Director, d. Inset sash 3" minimum from the face of the surrounding finished wall surface; recess glass a minimum 3/8" from face of the sash, with one- over -one windows to be located on both Webster Street and Pacific Avenue frontages; e. All as determined by the Planning and Building Director after consulting with the property owner and the West Alameda Business Association, in Final Design Review. 2. VESTING. The Use Permit shall terminate on January 28, 2003, and separately, the Major Design Review shall terminate on July 28, 2002, unless for UP or for MDR, actual construction under valid entitlements has begun, or the developer applies for and is granted an extension prior to expiration. 3. APPROVED USES AND IMPROVEMENTS. The following uses and improvements are approved under the Use Permit and Major Design Review: a hotel of up to 50 rooms or suites, up to 3 stories high; up to 1,300 square feet of first floor retail along Webster Street, which may include uses allowed or for which Use Permits are issued, within the C -C Community Commercial Zoning District; and the use of meetings or conventions not to exceed one hundred (100) persons at one time including residents of the hotel; and parking shown on Exhibit "A," with fencing and landscape screening; and other enhancements determined by the Planning and Building Director. 4. ARCHAEOLOGY. Should currently unknown cultural resources be encountered during construction, the contractor will immediately notify the city, who will contact a qualified archaeologist who will evaluate the resource in consultation with local Native American organizations. The contractor will then redirect work away from the affected area until notified by the archaeologist that it is safe to resume construction. Construction contracts will include this provision. 5. BUILDING PERMITS. Prior to construction, the applicant will submit all applicable building permit applications to the City Central Penults Office. Any required building permits must be issued prior to commencement of construction. The improvements shall conform to the Alameda Building Code. No occupancy of the subject building will be permitted until an application for a Certificate of Occupancy is submitted to the Central Permits Office, the application is reviewed and approved,' the building is inspected and determined to be safe for the proposed occupancy and a Certificate of Occupancy is issued by the Building Official.` Building Permits are required to be obtained from the City of Alameda Central Permits Office for all proposed physical changes, alterations or additions to the subject building. c. Existing and planned project elements will meet Uniform Building Code Seismic Zone 4 design standards to withstand expected earthquake ground shaking. Design will be verified for seismic loading by California - registered Professional Civil and Geotechnical Engineers; recommendations by these engineers regarding site preparation and design will be incorporated into project plans. The secondary focus 5 of project design will be minimization of substantial earthquake - related equipment damage and avoidance of off -site impacts. 6. OTHER PERMITS. The applicant shall obtain and comply with the conditions of permits required by other agencies in connection with the site. Where the requirements of other agency permits are more restrictive than this approval, the other agencies' permits requirements shall apply. 7. ALAMEDA POWER AND TELECOM. The number, size and voltage of the electrical services required for this development, and the total load in kilowatts or kilowatt/volts (KVA) needs to be provided, and location of the transformers to service these loads must be approved by the Bureau of Electricity before building permit issuance. The applicant will provide at no charge to the Bureau an easement and access to all Bureau facilities on the property prior to issuance of building permits. 8. WATER/SEWER UTILITIES. Prior to issuance of Final Design Review and construction, the developer shall secure all necessary permit approvals from EBMUD regarding the installation of all revisions to water or sewer lines necessary to install the project. 9. FIRE DEPARTMENT. Prior to issuance of Final Design Review and construction, the applicant shall provide plans for approval of the Alameda Fire Department. The applicant shall provide verification of sufficient fire hydrant protection and if found insufficient by the Fire Department, shall install additional hydrants prior to construction of additional structures. The new building area will, be required to have at least one 2A -04BC fire extinguisher installed on the outside of the building. Hazardous materials, storage including cleaning chemicals shall be to the satisfaction of the Fire Department. 10. URBAN RUNOFF/RECYCLING. Prior to the issuance of Final Design Review and construction, including a grading permit, the developer shall submit plans which show all the necessary requirements of the Alameda Countywide Clean Water Program. The plans shall show planned methods by which entry of pollutants to the storm drain system will be reduced. Accumulated waste water must be drained to the sanitary sewer or pretreated prior to discharge to the storm drain system. Trash enclosure and recycling areas must be completely covered with no other areas draining into this area, to the satisfaction of the Public Works Director. All construction activities associated with the site must follow construction Best Management Practices (B. M.P.'s) provided by the City Public Works Department. 11. CONSTRUCTION REGULATIONS. Prior to issuance of Final Design Review and construction, the applicant shall prepare, and implement a construction and dust mitigation plan to the satisfaction of the Planning and Building Director and the Public Works Director, which will, at a minimum: 6 a. Provision of equipment and staff for watering of all exposed or disturbed soil surfaces, as well as parking and staging areas, at least twice daily, with an appropriate non -toxic dust palliative or suppressant added to the water before application. b. Covering of all trucks hauling soil, sand, debris or other loose materials. c. Watering or covering of stockpiles of debris, soil, sand or other materials that can be blown by wind and adding non -toxic soil binders to exposed stockpiles. d. Regular sweeping of paved construction areas of all mud and' debris, and on adjacent streets if visible. e. Establishing routes for transportation of soil and construction materials which will have minimal impact on adjacent areas. Traffic speed on unpaved roads shall be limited to 15 miles per hour. Construction shall be limited to 8 :00 am to 6 :00 pm Mondaythrough Friday and 9:00 am to 5:00 pm Saturday, with no construction on Sundays. The construction management plan shall include placement of stored materials and construction vehicles in the least obtrusive locations, installation of construction fencing surrounding the construction site and use of similar construction mitigation measures to minimize impacts to surroundmg properties and uses. The construction management plan shall be reviewed and approved by the Planning and Building Director prior to issuance of any grading permits. h. The contractor shall replant vegetation in disturbed areas as quickly as possible, and install sandbags or other erosion control measures to prevent silt to public roadways. 12. PLANNING AND BUILDING DEPARTMENT INSPECTION. The site shall be inspected by the Planning and Building Department staff and found in compliance with all conditions and plans prior to issuance of the Certificate of Occupancy. The applicant should allow 3 working days notice to the Planning and Building Department for this inspection. 13. NOISE. The applicant shall operate and maintain the facility in compliance with City noise standards of the Alameda Municipal Code, except that a further restriction is that ambient sound at the periphery of the property shall not exceed 45 ldn/cnel (decibels) . Any use found to increase the noise level may be required to mitigate noise levels, including baffling noise sources. Construction noise impacts shall be minimized by restricting construction activities to the daytime hours specified by the Alameda Municipal Code and condition 15f, whichever is more restrictive. 7 14. AFFORDABLE HOUSING. The applicant shall be required to comply with Affordable Housing Impact Fee to the City of Alameda, as set forth in AMC Section 27 -1, prior to Certificate of Occupancy. If in -lieu payments are required by the City of Alameda Housing Development Manager in the approved Affordable Housing Plan, those required payments shall be paid prior to issuance of a Building Permit, except for foundation peuuits, unless other explicit arrangements are contained in the Affordable Housing Plan. 15. WASTE WATER. The applicant shall have connections to the piped sanitary system and shall comply with East Bay Municipal Utility District Wastewater Control Ordinance No. 311. 16. UTILITY SERVICES. All water, gas, electrical and telephone lines shall be installed in accordance with the requirements of the Alameda Bureau of Electricity, and other utility companies and to the satisfaction of the Public Works Director. All utilities shall be underground unless trunk lines are allowed to remain above ground by the Public Works Director. When the development plans are finalized, the applicant shall contact the East Bay Municipal Utility District New Business Office and request a water service estimate to determine costs and conditions of providing water service to the project and shall folio w EBMUD requirements. The applicant shall incorporate water conservation measures for both internal and external use in the design and construction of the project. This should include the use of equipment, devices and methodology that further water conservation and provide for efficient use of water to the satisfaction of the Planning and Building Director. All necessary water main extension to meet fire flow requirements set by the Alameda Fire Chief shall be constructed at the applicant's expense. 17. SCHOOLS. The applicant shall be required to pay a per- square -foot impact fee for commercial development to the Alameda Unified School District at the time of filing for individual building permits, pursuant to the Sterling; Act fee as adopted by the Alameda Unified School District from time to time 18. HAZARDOUS MATERIALS. To ensure protection of public health and the environment, the contractor shall submit plans, procedures and controls to be used when encountering hazardous conditions and substances during construction to the City , for prior approval. The applicant shall submit all proposed construction and rehabilitation plans to the Alameda County Environmental Health Department for prior approval, and shall coordinate with federal and state regulatory agencies before disturbing soil or groundwater to identify precautionary measures to be implemented during construction. Should unanticipated hazardous waste be encountered during construction, the contractor will stop excavation in that area and immediately contact the City Planning and Building Department and owners of other property within 200 feet of known areas of contamination prior to construction in areas of contamination. c) The contractor will evaluate potentially contaminated materials encountered during construction in the context of applicable local, state and federal regulations and/or guidelines governing hazardous waste. The applicant will remediate or dispose of materials deemed hazardous following applicable agency regulations and/or guidelines. Qualified hazardous waste personnel will supervise, and document evaluations, remediation, treatment and/or disposal of hazardous waste. Construction personnel will utilize the protocols in this manual. Should excavated material be determined to contain chemicals at concentrations considered hazardous, the contractor shall transport the material to a licensed facility for treatment/disposal. Such materials shall be covered while being hauled. The contractor shall handle groundwater brought to the surface in compliance with relevant construction permit conditions. If contamination is suspected or noted during construction, decant water shall be containerized and analyzed by a California Environmental Protection Agency Environmental Laboratory Accreditation Program (ELAP) - certified laboratory using EPA - approved analytical methods. Options for ultimate disposal of decant water may include the following: direct discharge to the stormwater system; direct discharge to the sanitary sewer system; pretreatment, followed by discharge to these systems; or transport to and disposal at an appropriately permitted facility in compliance with relevant state and federal regulations. In any area of contamination, the contractor shall secure the construction zone with fencing or other barriers of sufficient height and structural integrity, and post "No Trespassing signs to prevent unauthorized entry. In such areas, the contractor shall arrange security and conduct meetings with construction personnel to inform them about required security measures and reporting/contingency measures. In any areas of known contamination, the contractor shall monitor for subsurface contamination. Monitoring will, at a minimum, include visual observation and screening of excavated materials' for organic vapors with a photoionization detector (PID) by personnel with appropriate hazardous materials training, including 40 hours of Occupational Safety and Health Administration (OSHA) approved health and safety training. 19. MITIGATION MEASURES. Mitigation Measures 1 through 16 of Initial Study IS01 -07, circulated December 20, 2001, State Clearinghouse Number 2001122'2079, are incorporated 9 herein by reference as Attachment "A" as conditions of approval as if set forth at length herein. a) For convenience in title, Mitigation Measures are summarized as the following: 1). Air Quality 2). Cultural Resources -- Evaluation If Found 3). Cultural Resources -- Excavations /Contacts 4). Geology and Soils 5). Hazards and Hazardous Material 6). Hydrology and Water Quality 7). Hydrological Analysis 8). Noise -- Acoustical Analysis 9) Noise -- Construction 10). Noise--From Tools 11). Public Services 12). Traffic -- Citywide Development Fee 13). Traffic -- Webster Street/Eagle Avenue 14). Traffic -- Webster Street/Pacific Avenue 15). Parking - -In Lieu Fees 16). Utilities and Service Systems 20. HOLD HARMLESS. The City of Alameda requires as a condition of this Use Permit and Major Design Review approval that the applicant, 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 the subject property, which action is brought within the time period provided for in Government Code Section 66499.37. The City of Alameda shall promptly notify the developer of any claim, action or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the developer of any claim, action, or proceeding, or if the City fails to cooperate fully in the defense, the developer shall not hereafter be responsible to defend, indemnify, or hold harmless the City. 21. ACKNOWLEDGMENT OF CONDITIONS. The applicant shall acknowledge in writing all of the conditions of approval and must accept this permit subject to those conditions and with full awareness of the applicable provisions of Chapter 30 of the Alameda Municipal Code in order for this Major Design Review to be exercised. CONDITIONS FOR USE PERMIT 22. LIMITATION OF USE The project shall only be operated as a hotel for transient occupancy, as defined in Section 3 -1412 of the Alameda Municipal Code (AMC) pertaining to the Transient Occupancy Tax. In order to ensure that the use will be for transient occupancy only, the hotel management shall: 1) only allow a person or entity to register for 10 a maximum stay of twenty -nine (29) calendar days at any one time; and 2) only offer hotel rates for continuous stays of 29 calendar days or less. All occupancies, regardless of length of stay, shall be subject to payment of the Transient Occupancy Tax in accordance with the AMC. No hotel room may constitute a dwelling within the meaning of AMC Sections 30 -2 and 30- 50 ( "Measure A "). As modified by the applicant February 7, 2002 in revised Exhibit "A," none of the rooms may contain any stovetops or other food preparation or cooking facilities. Prior to issuance of a building permit, the applicant shall prepare a deed restriction on the property to the satisfaction of the Planning and Building Director and record it with the Alameda County Recorder and provide a copy of the recorded deed restriction to the City. The deed restriction shall specify that occupancy at the hotel would be limited to transient occupancy only which allows a maximum stay of twenty -nine days per registration, and limiting the construction and use of kitchen facilities as described in this Condition. 23. UNENCLOSED STORAGE. There shall be no outdoor storage unless approved by the Planning and Building Director, and any outdoor storage permitted shall be temporary for in- transit materials. CONDITIONS FOR MAJOR DESIGN REVIEW 24. LANDSCAPING Landscaping and irrigation shall be installed prior to approval of occupancy of any additional structure. Trees shall be 15 gallon' or 24 inch box size as designated on the landscaping plan in Exhibit "A. ". The developer shall be required to comply with the landscaping requirements of the Parking Ordinance which requires a minimum of one tree shall be planted for every four parking spaces within the adjacent one - acre portion of the parking' lot. Trees shall be planted to create a tree canopy throughout the parking lot. 25. PARKING. Prior to issuance of Final Design Review for the site and construction, or as otherwise approved by the Planning and Building Director the applicant shall provide a detailed revised parking plan, for review and approval by the Planning and Building Director. Disabled accessible parking spaces shall be retained or restriped to meet the number and dimensions required by the City and shall have disabled parking signs as approved by the City Public Works Department. b. All other parking spaces shall be 81/2 by 18 feet in size (standard) or 71/2 feet by 15 feet (compact) with backout area as provided by the Alameda Municipal Code. No more than 50% of the parking spaces shall be compact. 26. LIGHTING. Prior to issuance of Final Design Review and construction, the applicant shall submit a lighting plan and details of lighting fixtures for review and approval by the Planning 11 and Building Director in consultation with the Police Department crime prevention unit. The lighting fixtures shall be compatible with existing lighting fixtures in the area. Lighting shall be installed which provides an average of 2 footcandles of exterior light unless greater intensity is approved by the Planning and Building Director. All on -site lighting, including construction lighting, shall be downward- directed and shielded lighting and shielded to avoid lighting impacts on adjacent areas. 27. AWNINGS. All awnings shall be canvas, not meta 28. SIGNS. No signs shall be installed without prior issuance of a Sign Permit, subject to City requirements. 29. ARCHITECTURE. Prior to issuance of Final Design Review for construction the applicant shall submit for Planning and Building Director review and approval, architectural details and final colors and materials for the building, including but not limited to all trim and door specifications, and trash and recycling area. Minor alterations to plans of Exhibit "A" may be approved by the Planning and Building Director. Significant alterations may require review by the Planning Board, as determined by the Planning and Building Director. 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 exactions. The applicant is hereby further notified that the 90 day appeal period in which the applicant may protest these fees and other exactions, pursuant to Government Code Section 66020 (a) has begun. If the applicant fails to file a protest within this 90 day period complying with all the requirements of Section 66020, the applicant will be legally barred from later challenging such fees or exactions. * * * C: \WPDOCS\DATA\SHAWTH.UP 12 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 19th day of March, 2002, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr, and Mayor Appezzato - 5. NOES: ABSENT: None. None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of March, 2002. Lara Weisiger, City Clerk City of Alameda