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MINUTES Page 6 City of San Leandro City Council and San Leandro Redevelopment Agency Joint Meeting~September 5, 2006 CC&Rs and would be the responsibility of the homeowners. Councilmember Starosciak asked how the CC&Rs would be enforced. Mr. Horn commented that a HOA could provide oversight of, and ensure a formal mechanism for enforcement of, the CC&Rs. Councilmember Starosciak stated that there needs to be a formal process for maintenance of the common areas of the project, and CC&Rs alone are not sufficient. Councilmember Starosciak asked if the proposed units have back yards and asked if the City's codes require side yard as well as rear yard setbacks. Mr. Penaranda noted that the side yards would function as back yards for the proposed units. Councilmember Starosciak expressed concern about the maintenance of the common areas, stated that she would like to see a process for maintaining good relations between neighbors, and suggested that the landscape design be reviewed by the community. Mayor Young asked if the proposed units are single-family residences. Mr. Penaranda confirmed that the units are detached single-family residences. Mayor Young asked for and received clarification on the orientation of the units on the property. Mayor Young pointed to the site plan and asked if there would be access to the areas adjacent to the development where abandoned vehicles and garbage dumping would be a problem, as was mentioned by one of the speakers. Mr. Penaranda stated there would be no such access. Mayor Young asked if the project would block all sunlight to the first and second floor units of the Garden Terrace. Mr. Penaranda noted that the project would not technically block sunlight from Garden Terrace and, in fact, Garden Terrace would overshadow the single-family residences because of the location of the buildings in relation to the movement of the sun. Mayor Young inquired about the claim by one of the speakers that no meeting notification had been sent by the applicant or City staff. Mr. Penaranda stated that Mr. Langon sent the notification for the November 30, 2005 meeting, and staff sent notices for the February 2006 work session. He noted that the notices were mailed both to individual homeowners and to either the HOA or the property manager for the HOA. Mayor Young stated that she is very pleased that this will be a "green" project and that the existing house will be deconstructed rather than torn down and thrown away. Councilmember Badger stated that he has attended a couple of Garden Terrace HOA meetings, and no one wants to see the project go away. He commented that he shares the concerns of Vice Mayor Grant and Councilmember Starosciak with respect to requiring a HOA to ensure the enforcement of maintenance and other issues. Councilmember Badger suggested that the matter be continued for a short time in order to make certain additions to the Conditions of Approval. Mayor Young made an alternative suggestion that the additions could be made now. Councilmember Badger moved to approve the Planned Development, with a revision to the Conditions of Approval to require that a Homeowners Association be established; the responsibility for the maintenance of the common areas, including the arbor, roadway and landscaping issues, be specified; and the requirement for frosted windows in appropriate locations be included. Councilmember Santos seconded the motion.