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<br />San Leandro Planning Commission <br />Excerpt of the Draft Minutes for the Meeting of April 12, 2007 <br /> <br />I Item 6: Public Hearings I <br />(a) Matter of PLN2006-00104; Planned Development, Zoning Map Amendment and <br />Tentative Map; to rezone the properties at 311-335 MacArthur BoulevardlHerma <br />Court from CC Commercial Community and RS Residential Single-Family Districts <br />to CC (PD) and RS (PD), respectively. The project is a proposed residential <br />development with 23 three-story townhouses at the comer of MacArthur Boulevard <br />and Herma Court. Proposed amenities include a private roadway, an internal park <br />area, attached one- and two-car garages, and 6 guest parking spaces on the site. The <br />site is zoned CC Commercial Community District and RS Residential Single-Family. <br />Assessor's Parcel Numbers 76-311-1-1, 76-311-1-3, 76-311-3, 76-311-4, and 76- <br />311-5; 331-335 MacArthur BoulevardlHerma Court; David Ruffin (applicant); Reed <br />Settlemier (property owner). [Barros] <br /> <br />The project to construct 23 townhomes on a site that is less than five acres is <br />categorically exempt from the California environmental Quality Act (CEQA) per <br />CEQA Guidelines article 19, Categorical Exemption, Section 15332. Furthermore, <br />the rezoning is exempt from CEQA, per CEQA Guideline, Section 15061 (b) (3), <br />where it can be seen with certainty that there is no possibility that the rezoning in <br />question may have a significant effect on the environment. <br /> <br />Acting ChairNice Chair Reed recused himself from the hearing, so Commissioner <br />Dlugosh assumed the role of Acting Chair for this item. <br /> <br />Planner Sally Barros explained that the staff report includes two Tentative Vesting <br />Maps for this Planned Development (PD), because the applicant was attempting to <br />arrange a lot-swap with one of the adjacent property owners on Herma Court. One of the <br />maps ("Proposed") assumes completion of the lot-swap; the other, the "Alternate Site <br />Plan," does not. Although Planner Barros included both maps for purposes of <br />comparison, she emphasized that because no agreement on a lot -swap has been reached, <br />the City Attorney advised that the Planning Commission could act only on the Alternate <br />Site Plan at tonight's hearing. If the swap proves successful, the applicant must return to <br />the Commission. <br /> <br />She explained that Zoning Code Article 10 provides for the PD process, which gives <br />developers additional leeway and opportunity for creativity in how large sites (10,000 <br />square feet minimum) are assembled and used. It thus encourages comprehensive site <br />planning and design in developments that would otherwise necessitate variances. <br /> <br />This MacArthur BoulevardlHerma Court PD proposed development consists of five <br />different parcels comprising approximately one acre. It also includes slightly more than <br />1,000 square feet that would be vacated by the City and incorporated into the site. She <br />noted that some driveways will be abandoned and diagonal spaces will be added to the <br />MacArthur Boulevard frontage to increase street parking in the area. There is a narrow lot <br />on the site, 25xll0 feet, that fronts on Herma Court and is proposed as open space for the <br />project in the Alternate Site Plan. <br />