Resolution 15236CITY OF ALAMEDA RESOLUTION NO.15236
UPHOLDING PLANNING BOARD DECISION TO APPROVE DESIGN
REVIEW PERMIT FILE NO. PLN16-0232 FOR THE CONSTRUCTION
OF A 880 SQUARE FOOT ACCESSORY STRUCTURE AT 1208 SAINT
CHARLES STREET
WHEREAS, an application was made on May 2, 2016 by Paula Mathis and Tom
Ellebie for Design Review to construct a 920 square foot accessory structure within the
required rear yard; and
WHEREAS, the subject property is designated as Low Density Residential on the
General Plan Diagram; and
WHEREAS, the subject property is located in a R-1, One-Family Residence Zoning
District; and
WHEREAS, the subject property is listed on Alameda's Historical Building Study
List; and
WHEREAS, after considering input from the adjacent property owners the
applicants resubmitted revised plans on August 10, 2016 that adjusted the design and
reduced the overall size to 880 square feet; and
WHEREAS, the proposal was accepted as complete on October 10, 2016; and
WHEREAS, the Community Development Department approved this application on
November 14, 2016, to allow the construction of a 880 square accessory structure subject
to conditions of approval; and
WHEREAS, on November 14, 2016 a member of the Planning Board called the
Design Review approval for review per the guidelines in Alameda Municipal Code (AMC)
Section 30-25.3(c); and
WHEREAS, on November 28, 2016, the applicant presented a revised arborist
report and project plans to address concerns over the preservation of nearby Coast Live
Oak trees; and
WHEREAS, the Planning Board held a de novo public hearing on January 23,
2017, on the Design Review application, at which time all materials submitted and all
comments made by all parties, including staff, regarding this application were considered,
and unanimously approved the application on January 23, 2017; and
WHEREAS, the City Council held a public hearing on February 21, 2017, in
response to a Call for Review from Mayor Trish Spencer.
NOW, THEREFORE, BE IT RESOLVED, that the City Council finds that:
1. The proposed design is consistent with the General Plan, Zoning Ordinance, and the
City of Alameda Design Review Manual, because the proposed new construction is
compatible in design and use of materials with the existing building and surrounding
neighborhood. The footprint of the structure is less than the maximum allowed 40% lot
coverage for accessory structures within the required rear yard. Accessory structures
more than seventy-five feet (75') from the public right of way do not have a minimum
required setback from rear and side property lines, the proposed structure will maintain
the setback of the existing garage from the rear property line.
2. The proposed design is appropriate for the site, is compatible with adjacent or
neighboring buildings or surroundings, and promotes harmonious transitions in scale
and character in areas between different designated land uses. The proposed
structure has been designed and is conditioned to mitigate impacts on the existing
nearby oak trees. A certified arborist and licensed civil engineer have inspected the
site and recommended protective measures and construction techniques that the
project, as conditioned, will implement to protect the health of these nearby oak trees.
3. The proposed design of the structure(s) and exterior materials and landscaping are
visually compatible with the surrounding development, and design elements have been
incorporated to ensure the compatibility of the structure with the character and uses of
adjacent development. The proposed structure will incorporate horizontal wood siding
compatible with the architectural style of the existing main residence on the property.
Proposed windows are a combination of fixed and single hung windows to match the
types of windows on the main structure.
4. The existing garage being demolished, built prior to 1942, was deemed to not have
historical or architectural significance by the Secretary of the Historical Advisory Board,
Reso. No. HAB-16-19. The project complies with the Secretary of the Interior's
Standards for the Treatment of Historic Properties in that the new construction is
consistent and compatible with the historic building's architectural style; and
BE IT FURTHER RESOLVED that the City Council finds this project exempt from
the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15303(e), which allows new construction of small accessory structures, including garages;
and
BE IT FURTHER RESOLVED that the City Council of the City of Alameda hereby
approves Design Review application PLN16-0232, subject to the following conditions:
(1) This approval is valid for two years and will expire on February 21, 2019 unless
construction has commenced under valid permits.
(2) The plans submitted for building permit and construction shall be in substantial
compliance with plans prepared by Italo Calpestri, received on November 29, 2016,
except as modified by the conditions listed in this resolution.
(3)
This approval is limited to the scope of the project defined in the project description
and does not represent a recognition and/or approval of any work completed without
required City permits. Any additional exterior changes shall be submitted to the
Community Development Department for review and approval prior to construction.
(4) Prior to the issuance of a Building Permit, the applicant/developer shall record with
the Alameda County Clerk-Recorder a Lot Line Adjustment that merges the parcels
identified as Assessor's Parcel Number (APN) 074-1275-095-00 (Parcel A of Parcel
Map No. 691 in Book 80 at Page 44) and APN 074-1275-094-00 (Parcel D of Parcel
Map No. 691 in Book 80 at Page 44) into a single legal lot.
The final plans submitted for Building Permit plans shall incorporate the approved
window schedule.
(6) The applicant shall provide diligent maintenance and care for the California Coast
Live Oak tree(s) on the property during construction on the site:
a. Construction, cutting and filling around the base of trees shall be done only
after consultation with a certified arborist.
b. Barricades shall be erected around the trunks of trees as recommended by
the certified arborist to prevent injury to the oak trees.
c. No construction equipment, vehicles or materials shall be stored, parked or
standing within the tree dripline.
d. Plans submitted for Building Permits shall be reviewed by a certified arborist.
e. Plans submitted for Building Permit approval shall be in compliance with the
notes and recommendations of the arborist report prepared by Judith L.
Thomas, ISA Certified Master Arborist #W E-0113B, received on October 10,
2016 and on file in the office of the City of Alameda Community
Development Department, this includes but is not limited to:
i. The foundation shall be pier and grade beams in conjunction with slab
on grade foundation, and shall not disturb roots larger than three
inches in diameter.
ii. Hand digging or use of an Air Spade shall be used to expose the
location of roots, and roots greater than three inches (3") shall not be
disturbed.
iii. Drainage systems shall be designed to drain away from property lines
and the trunk of each tree.
f. There shall not be removal of large lateral limbs, diameter six inches or
greater, in association with the project.
New exterior lighting fixtures shall be low intensity, directed downward and shielded
to minimize offsite glare.
The final plans submitted for Building Permit approval shall conform to all applicable
codes and guidelines.
(5)
(7)
(8)
(9)
A site inspection to determine compliance with this Design Review Approval is
required prior to the final building inspection and/or to the issuance of a Certificate
of Occupancy. The applicant shall notify the Community Development Department
at least four business days prior to the requested Planning Inspection dates.
HOLD HARMLESS. The applicant shall defend (with counsel reasonably acceptable to the
City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning Board
and their respective agents, officers, and employees from any claim, action, or proceeding
(including legal costs and attorney's fees) against the City of Alameda, Alameda City
Planning Board and their respective agents, officers or employees to attack, set aside, void
or annul, an approval by the City of Alameda, the Community Development Department,
Alameda City Planning Board, the City of Alameda City Council relating to this project. The
City shall promptly notify the applicant of any claim, action or proceeding and the City shall
cooperate in such defense. The City may elect, in its sole discretion, to participate in the
defense of said claim, action, or proceeding.
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 protect 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 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 regular
meeting assembled on the 21st day of February, 2017, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie and Vella -
4.
NOES: Mayor Spencer - 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 22nd day of February, 2017.
C9-vc,
Lara Weisiger, lerk
City of Alameda
Approved as to form:
Janet 07Kern, City Attorney
City of Alameda