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MINUTES Page 4 City of San Leandro City Council and San Leandro Redevelopment Agency Joint Meeting-July 7, 2008 Assistant City Attorney Stephanie Stuart informed the Council that it could reopen the matter to allow the Appellant the opportunity for rebuttal. The Council, at its discretion, could also rescind the previous action and take another vote. By consensus of the Council, the matter was reopened, to give Mr. Woolston an opportunity for rebuttal. Mr. Woolston, the Appellant, addressed the City Council, commenting that he knew and accepted the neighborhood situation when he moved there, but he felt this current situation was being forced on him. He noted that Williams Street is zoned DA-3 Downtown Area District, while a nearby area, zoned Residential, is closer to the BART station. He asked whether the zoning designated by the TOD Strategy was done capriciously. Mr. Woolston commented that a formal shadow study was not performed, so the impacts created by the project are only an opinion, and his opinion that the addition would shadow both his neighbor's property and his own is just as valid. Councilmember Souza stated that she feels the project does not meet the criteria of the TOD Strategy. She commented that if the Council begins to make exceptions, it would invalidate the work of the citizens who worked on the TOD Strategy. A motion was made by Councilmember Gregory, seconded by Councilmember Grant, to rescind the action to deny the appeal and uphold the BZA decision. Councilmember Grant expressed appreciation to Mr. Woolston for his comments about moving into a neighborhood with the expectation of having one thing and getting another. Councilmember Grant added that she does not view this as a TOD-type project, but rather as property owners who have a right to modify their property as they see fit. Councilmember Grant commended the property owners for their compromise to reduce the addition from two-stories to a single story to have it blend in with the surrounding structures. She added that the property is currently owner-occupied, but the Council cannot speculate on whether it will continue to be owner-occupied. Councilmember Grant stated her support for the project. The City Council rescinded the action to deny the appeal by P. Woolston and L. Franke and uphold the decision of the Board of Zoning Adjustments. M/S/C Gregory and Grant. Ayes: 7; Noes: 0 A motion was made by Councilmember Gregory, seconded by Councilmember Starosciak to deny the appeal and uphold the BZA decision. Councilmember Starosciak requested clarification regarding the reason for conditional versus outright permitting of this project. Mr. Penaranda replied that it was due to the substandard parking. Community Development Director Luke Sims provided further clarification regarding the zoning changes made as a result of the adoption of the TOD Strategy.