File #: 15-215    Version: 1 Name: SR Comstock Appeal
Type: Staff Report Status: Filed
In control: City Council
Meeting Date: 4/20/2015 Final action: 4/20/2015
Enactment date: Enactment #:
Title: Staff Report for APL15-0001; Appeal of two conditions of approval in an approved Site Plan Review, PLN2014-00028, granted by the Board of Zoning Adjustments (BZA) on February 5, 2015 to construct a new 161,200 square foot warehouse building on the western portion of 1717 Doolittle Drive. One condition requires payment of $329,487 for Development Fees for Street Improvements and the other requires payment of $264,880 for Undergrounding Utilities Conversion Fees. [A BZA approval is final, but it can be appealed to the City Council. In this case, Appellant appeals the imposition and amount of the two conditions that require payment of the fees cited above. The City Council must conduct a public hearing, after which it must consider granting the appeal to impose and/or modify the fee amount(s) or it may deny the appeal and affirm the approval of the BZA to require payment of the fees prior to the issuance of building permits. The property is zoned IG Industrial General District. Alameda Co...
Sponsors: Cynthia Battenberg
Attachments: 1. Appeal Application with Supporting Statements, 2. Ord 88-023, 3. Reso 2005-128, 4. Reso 2010-046, 5. SLMC 5-3, 6. DFSI Calculator, 7. Excerpts of 02-05-15 BZA Mtg minutes Draft, 8. Email from S. Tayco with City Reply, dated 2-5-2015, 9. Vicinity Map, 10. Recommended Findings of Fact, 11. Recommended Conditions of Approval, 12. Exhibits A-R, 13. Photos of Aurora Drive, 14. PowerPoint
Title
Staff Report for APL15-0001; Appeal of two conditions of approval in an approved Site Plan Review, PLN2014-00028, granted by the Board of Zoning Adjustments (BZA) on February 5, 2015 to construct a new 161,200 square foot warehouse building on the western portion of 1717 Doolittle Drive. One condition requires payment of $329,487 for Development Fees for Street Improvements and the other requires payment of $264,880 for Undergrounding Utilities Conversion Fees. [A BZA approval is final, but it can be appealed to the City Council. In this case, Appellant appeals the imposition and amount of the two conditions that require payment of the fees cited above. The City Council must conduct a public hearing, after which it must consider granting the appeal to impose and/or modify the fee amount(s) or it may deny the appeal and affirm the approval of the BZA to require payment of the fees prior to the issuance of building permits. The property is zoned IG Industrial General District. Alameda County Assessor's Parcel Number 79A-541-10; A. Comstock, Comstock Realty Partners, Inc. (Appellant).]

Staffreport
SUMMARY AND RECOMMENDATIONS

At its February 5, 2015 meeting, the Board of Zoning Adjustments (BZA) heard the Site Plan Review application to construct a new 161,200 square foot warehouse building at 1717 Doolittle Drive. The BZA reviewed the proposal, took public comments, and, after closing the public hearing, the BZA made the necessary findings of fact and approved the proposed project subject to certain conditions of approval. The motion passed 4-0 (3 vacancies). Excerpts of the Board of Zoning Adjustments meeting minutes relevant to this appeal are attached to this staff report. BZA actions are final unless appealed to the City Council within 15 days of the action. On February 20, 2015 the appellant filed the appeal referenced above.

Staff Recommendation:

Staff recommends denial of the appeal, per the proposed Resolution. The proposed Resolution d...

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