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JYIINUTES City of San Leandro City Council and San Leandro Redevelopment Agency Joint Meeting-July 7, 2003 Page 4 Councilmember Nardine asked how the City would enforce an illegally built secondary dwelling unit. Ms. Pollart stated the City works on a complaint basis and would request removal of the illegal unit if a complaint was filed. Councilmember Stephens concurred with Councilmember Grant regarding including references in the proposed ordinance to other provisions in the City's codes. Councilmember Santos asked if the standards developed by City staff are in compliance with State law. Ms. Pollart noted the law is unclear, and staff has asked for and is awaiting clarification from the State on its questions. Ms. Williams added that if a property owner believes staff has acted arbitrarily or capriciously, they could seek a writ of mandate from the court to overturn the decision. Ms. Williams noted while the legislation states the restrictions relative to the parking and size requiren1ents cannot be arbitrary, excessive or burdensome, there is an opportunity for the City to set some reasonable standards. Ms. Pollart commented that both the current standards and those being proposed are "middle of the road" relative to other jurisdictions. Councilmember Grant noted the current process is being changed to be less democratic and require less community involvement and public input. She commented that she would like to keep more people involved in the process while still maintaining confonnance with State law. Ms. Williams suggested staff look at ways to modify the language in Item 2.b. of the Findings to make it less subjective. Mayor Young asked how an officer doing Community Standards enforcement would be able to detect an illegal secondary unit if it was not visible from the street. Ms. Pollart noted currently when complaints are received from a neighbor, the property owner is contacted and arrangements made for a building inspector to inspect the dwelling. Ms. Pollart stated that property owners in the past have allowed the City to inspect units. Councilmember Badger asked about the requirement to allow tandem parking. Mr. Tomas stated tandem parking is currently allowed in Mulford Gardens, and the State statute requires the consideration of tandem parking in order to meet the parking requirement for secondary dwelling units. Councihnember Grant expressed interest in seeing clarifying language on the amnesty program. Councilmember Santos requested information regarding extension of the ordinance to the RO District in response to Ms. Alber's comments. Ms. Pollart outlined the current zoning in the RO District and noted the proposed ordinance would allow secondary dwelling units to be built in the RO District, regardless of lot size. Ms. Pollart stated the 10,000 square foot lot size requirement is contained in the General Plan.