8A Consent 2006 1218 - Laserfiche WebLink

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DRAFT MINUTES Page 5 City of San Leandro City Conncil and San Leandro Redevelopment Agency Joint Meeting-December 4, 2006 Conullunity Development Director Hanson Hom indicated that all the required legal advertising was performed for this project. Mr. Hom acknowledged that the posting of project plans was delayed and the billboard was erected just prior to the BZA hearing. However, since the BZA hearing, staff has made a concerted effort to hold several meetings with the Applicant to discuss ways to mitigate the Appellant's concerns. Mr. Horn stated that the BZA received all the information necessary for adequate deliberation on the height exception and the size of the home; however, the BZA did not receive the updated soils report. Mr. Horn noted that a soils study is not normally performed until the building permit stage; however, due to the strong concerns regarding slope stability, the Applicant chose to hire a soils engineer to perform the extensive study. He indicated that there was considerable review of the 1989 soils report by staff, and staff felt the study was sufficient for the purpose of evaluating the project since the house was being proposed to be constructed on the existing pad. Ms. Barros stated that, although not required, it was recommended that a billboard be erected at the site and that the Applicant send out notification letters to the neighbors. The billboard was not erected until just prior to the BZA hearing and the letters were never sent. Ms. Barros noted that the legally-required notification-the publication of the public hearing notice and the 500-ft radius mailed notifications and posted notices- was performed. Mr. Hom commented that after the BZA's approval of the project, staff reviewed the Zoning Code regarding the administrative exception for accessory structures. Mr. Hom noted that a Zoning Code amendment was adopted a few years ago for second family units. The in-law unit proposed for this project would be considered a second fanlily unit rather than an accessory structure, and the unit would only be required to comply with front, rear and side setback requirements. City Manager Jermanis addressed the City's liability with regard to hill slides and pointed out that all of Bay-O-Vista is built on a hill. While there are no assurances that slides will not occur, Mr. Jermanis noted that the City Council has an obligation to exercise its best judgment based on the information provided. City Attorney Jayne Williams commented that legislative action taken by the City Council is based on the due diligence exercised by staff and the professionals that provide them with information. Ms. Williams indicated that legislative immunities exist to protect the City against potential litigation. Ms. Williams commented that, although there is often risk in the activities in which the City engages, the City has exercised considerable due diligence in this project. There being no further comments from the public, and without objection, the Public Hearing was closed. Councilmember Santos asked whether the building could be constructed further westward in order to reduce the view obstruction to the uphill neighbors. Mr. Hom commented that this option was suggested at a meeting with the Applicant. He noted that the house is currently proposed to be built on the existing pad, and moving the 5