Resolution 13535CITY OF ALAMEDA CITY COUNCIL RESOLUTION NO. 13535
DENYING THE REQUESTED APPEAL OF THE HISTORICAL ADVISORY
BOARD'S DECISION DENYING A CERTIFICATE OF DEMOLITION OF THE
STRUCTURE LISTED WITHIN THE CITY'S - HISTORICAL BUILDING'S STUDY
LIST
WHEREAS, an appeal was made on August 9, 2002 by Will Harrison, requesting the
City Council overturn the Historical Advisory Board's denial of the requested demolition
certificate allowing for the demolition of the existing historical building. The applicants claims
that the Board's action deprives the property owners of improvement rights granted by the
Zoning Ordinance and by owners of property in the same district; and
WHEREAS, the application was submitted for a Major Design Review for a new
structure at 1525 Minturn Street on March 12, 2002; and
WHEREAS, the subject property is designated Medium- Density Residential in the
General Plan Diagram; and
WHEREAS, the subject property is located in an R -5, General Residential Zoning
District; and
WHEREAS, the applicant could not obtain approval for the proposed new structure until
he obtains a certificate of demolition approval from the Historical Advisory Board for the
historical structure; and
WHEREAS, a demolition certificate of approval was applied for on May 8, 2002; and
WHEREAS, the Historical Advisory Board held a public hearing on this application on
June 6, 2002; and
WHEREAS, the Historical Advisory Board continued the hearing thirty (30) days; and
WHEREAS, the Historical Advisory Board held a public hearing on this application on
August 1, 2002 and has examined pertinent maps, drawings, and documents, and denied the
request; and
2002.
WHEREAS, the applicant filed a petition for appeal to the City Council on August 9,
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City Council of the
City of Alameda hereby denies the petition for appeal for the proposed demolition of the
historical structure.
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 or final action on any appeals 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.
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 special meeting assembled on the 15th
day of October, 2002, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS: None.
Councilmembers Daysog, Johnson, and Acting Mayor DeWitt - 3.
Councilmember Kerr
None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
16`x' day of October, 2002.
1,1A, 4,O
Lara Weisiger, City-Clerk
City of Alameda