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MINUTES Page 5 City or San Leandro~'~~y CO~~llcil and San Leandro Redevc~oprnellt Agency Join! Meetir~I:\-:-J)cccmhcr 4. 2006 Community Development Director Hanson Hom indicated that all the required legal advel1ising was performed far 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 healing, stalT has made a concerted clT0I1 to hold several meetings with the Applicant to discuss ways to Initigate the Appellant's concerns. Mr. Hom stated that the BZA received all the inf0ll11ation necessary for adequate deliberat ion on the height exception and the size orthe horne; however, the BZA did not receive the updated soils report. Mr. J Jom noted that a soils study is not normally perl()nned until the building permit stage; however, due to the strong concerns regarding slope stability, the Applicant chose to hire a soils engineer to perlalln the extensive study. lie indicated that there was considerable review of the 1989 soils repori by staft~ and starr relt the study was surricient for the purpose of evaluating the project since the house was being proposed to be construeted on the existing pad. Ms. Ban.os 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 bi IIboard was not erected unti I just prior to the BZA healing and the letters were never sent. Ms. Rarros noted that the legally-required notification-the publication of the public hearing notice and the 500~n radius mailed notifications and posted notices -- was pcrfollllCd. Mr. I-Iom commented that after the BZA's approval of the project, stair reviewed the Zoning Code regarding the administrative exception for accessory structures. Mr. Hom noted that a Zoning Code amendment was adopted a ICw years ago for second family units. The in-law unit proposed for this project would be considered a second family 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 orRay-O-Vista is built on a hill. While there are no assurances that slides will not occur, Mr. Jennanis noted that the City Council has an obligation to exercise its bestjudgrnent based on the inConnation provided. City Attoll1ey Jayne Williams cOln1l1ented that legislative action taken by the City Council is based on the due diligence exercised by stalT and the professionals that provide them with infOl111ation. Ms. Williams indicated that legislative irnnlUnities 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 1'1'0111 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. ]]e noted that the house is cUITently proposed to be built on the existing pad, and moving the