3B Public Hearing 2011 1121 - Laserfiche WebLink

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. The school district impact fee is currently $3.54 per square foot. Song Chin - Bendib, Assistant Superintendent for the San Leandro Unified School District, indicated to staff that she estimated that the project would generate 26 students, but that she was doubtful that it would reach that number, due to the apartment unit sizes in the proposal. Community Development Director Sims said that California sets the maximum fee that jurisdictions can charge. Commissioner Crow said that he would be interested in seeing the CC &Rs, particularly as they address usage of the community building. He would like to know its capacity limit, whether insurance is required for tenants to use it, and who is allowed to use it. Senior Planner Barros said that rights to use the space extend only to the building owners and tenants, but that the applicant could respond more completely. In response to another Commissioner Crow question, Planning & Housing Manager Liao said that the units in the proposed development aren't reflected in Sustainable Communities Strategy numbers, nor is the location within any of San Leandro's designated Priority Development Areas (PDAs). However, he added, once the units are built, they'll be added to the City's accomplishments toward its Regional Housing Needs Assessment (RHNA) targets. Commissioner Crow also noted that although developers typically do landscaping last in a project, one of the Recommended Conditions of Approval states that paving and planting shall be done as soon as possible. Senior Planner Barros said that contractors are asked to pave and plant immediately to minimize fugitive dust from the site, but the timing is discretionary. Commissioner Fitzsimons observed that in terms of publishing notifications about meetings, the Hayward Daily Review isn't a ubiquitous paper in San Leandro. In the future, he asked if the City could consider using the San Leandro Times as well. In response to Commissioner Fitzsimons' inquiry about Recommend Conditions of Approval V -E, Senior Planner Barros explained that the credit for the existing 43,200 square feet of office space offsets the Development Fee for Street Improvements (DFSI), eliminating the applicant's requirement to pay that fee because at capacity, the proposed residential development would create fewer vehicle trips than the office building at capacity. Commissioner Fitzsimons referred to Section 2.10 of the Development Agreement regarding any condo conversion activity "during the term of this agreement ". Assistant City Attorney Pio Roda responded that any subsequent proposal for a conversion to a condominium would have to come back to the Planning Commission for approval. When Commissioner Fitzsimons asked whether it would be appropriate to do a condominium map that included unit, rather than building, subdivisions, Senior Planner Barros said that's not what the developer wants and it's not something the City can impose. Commissioner Fitzsimons pointed out that since this is an estate - planning mechanism, the buildings would go to as many as 12 family members. At some point, he added, any of the individual owners may want or need to liquidate the investment, thus potentially bringing in multiple non - family owners over time. Senior Planner Barros replied that POA bylaws and the CC &Rs would govern the interrelationship among owners. Indicating his doubts about whether CC &Rs would address an individual owner's ability to sell a building or convert it into condominiums, and noting that part of the Planning Commission's role is to make recommendations to the City Council that take into account how projects are likely to affect the City's future, Commissioner Fitzsimons again asked if it wouldn't make sense now to approve a condominium map for 66 units rather than 12. Community Development Director Sims suggested that the developer might be able to answer that question. He also noted that staff has discussed the condominium conversion issue and agreed that San Leandro's ordinance affecting condominium conversions is very strong. In response to questions from Commissioner Rennie, Senior Planner Barros said that