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MINCTES Page 7 City of San Lean(~yYily Cgurleil and San Leandro ~edeveloprnel1t Agency Joi~~_~~eting-ncccmber 4, 2006 Councillllelnber Stephens commented that he also viewed the site and the neighborhood. I Ie asked how the City would monitor the conversion of the home (or other lIses. Mr. Horn indicated that the area is zoned lor single family dwellings. lIe noted that while the City cannot legally prohibit the use ofthe home as a group hOlne, it is unlikely that this use would occur in an area with such high property values. Mr. Hom commented that a condition could be recorded on the property that it is only authorized for a single Camily home and second-family unit. Mayor Young asked Jar clarification of the term "single family." Mr. Horn stated that a household can consist of either related or unrelated adults, and the City can only regulate the total number of adults living in the home. City Attorney Williams commented that Cair housing laws restrict what can be regulated. Under the law, unrelated adults living together as a family or household unit is treated differently than 10 unrelated adults living in a boarding house situation. Mr. 110m noted that the Zoning Code defines a boarding house, and boarding houses are not allowed in the RS District. Mr. Horn added that an additional condition that has been added to this project is the requirement that it have only one full kitchen. Mayor Young commented that she would like to ensure that the City is not intruding on private property rights. She asked if the Applicant could be allowed to have his brothers and sisters living with him. Mr. Hom indicated that as currently written, the Zoning Code requires a zoning pennit tor more than 10 adults living in a single-t~Hnily home. Mayor Young asked for clarification on the number oC available parking spaces on the site. Mr. Glaudemans pointed out that there are seven parking spaces for the main house and four lor the carriage house. Mayor Young cornmented that she would have liked to see a visual aid with the proposed home superimposed on the site. She asked who wi II ensure that all the conditions on the property are met. Mr. Hom indicated that some of the conditions must be met prior to the issuance of the building permit, some must be monitored during the construction of the project, and others are ongoing and required to be recorded with the property. Couneilmernber Badger eOIlHnented that although the project has changed significantly as a result of the meetings with the Applicant and architects, he still has concerns. He expressed concern about the possibility of the conversion to a group home as well as concerns regarding the enforcelllent of the Conditions of Approval. Mayor Young noted that the monster home ordinance the City is considering would allow (IX a larger home on the subject site than what is being proposed. . Minute Order No. 2006-044, Motion Denying the Appeal by Wayland Lew, Upholding the Decision of the Board of Zoning Adjustments' Approval or PLN2()()5-00063; M,-\ior View Preservation/Site Plan Review and Height Exception; to build, as modilied by the Applicant, an approximate 9,811 square- toot new hOllle, with livable area of 6,907 square feet, including five bedrooms and six and one-half bathrooms; and a 1,326 square-foot caniage house, with