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3B Public Hearing 2012 0416
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3B Public Hearing 2012 0416
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Staff Report
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4/16/2012
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Excerpt of the Draft Minutes of the Planning Commission Meeting of March 1 S, 2012 Page 3 of 4 <br />Commissioner Reed asked who on staff would be able to discuss the ordinance requirements if a <br />homeowner approached with questions. Secretary Barros said that the planners have all been <br />briefed on the ordinance and would probably handle that, but from a practical standpoint, very <br />few single - family properties in the City are large enough to come under the ordinance. She said in <br />her 10 years at the permit counter, she's not yet seen a resident coming in to do 5,000 square feet <br />of landscaping projects on a single - family property. <br />Commissioner Reed commented that the ordinance seems over - complicated, with a lot of <br />provisions that could cause mischief. He said that he's concerned about recommending something <br />that will come back to haunt us. He also said that he personally would not want to have to hire a <br />licensed landscape architect. <br />Commissioner Dlugosh asked whether landscaping included swimming pools. Commissioner <br />Rennie asked whether landscaping is the same as planting material, or whether it includes decks <br />and hadscape areas. <br />Checking Zoning Code Article 3 Definitions, Planner Barros said that landscaping includes <br />planting materials as well as decorative outdoor landscape elements, pools, fountains, water <br />features, paved or decorated surfaces of rock, stone, brick, block or similar material and <br />sculptural elements. <br />Chair Collier said then that all concrete patios would be included as well. <br />Planner Barros reassured the Planning Commission that there have been no issues with any <br />residential properties, whether developer - installed or private. She recalls only four projects that <br />have been subject to this ordinance in the past two years, including Kaiser and some large <br />commercial properties on Teagarden Street. All had licensed landscape architects who readily <br />interpreted the code and worked with staff with no problems. <br />Commissioner Dlugosh said that considering all that's covered by the term "landscaping," the <br />triggers are relatively low. As a consequence, people would have to hire a landscape architect in <br />those cases. He said that under those circumstances, hiring that professional would drive the cost <br />high enough to hit the trigger. He said that bothers him, as does over - burdening residents by <br />making simple projects very complicated and overly expensive. <br />Planner Barros said the Planning Commission and the City Council reviewed the triggers before <br />the ordinance was passed in 2010, and because they are part of the State mandate, the triggers are <br />not something over which the City has any discretion in any case. At this time, Alameda County <br />Waste Management Authority is asking all local jurisdictions to use the same triggers. <br />Commissioner Rennie went back to applicability of the ordinance to a single - family property. <br />He said that it's not hard to hit the trigger point, if a homeowner with a 6,000- square -foot lot has <br />a home with a 1,000- square -foot footprint. That leaves 5,000 square feet on the lot. He said <br />questions may not come to the counter because people don't think they have to come to the City <br />to change their garden or plant some trees. <br />Chair Collier said most projects that affect coverage of a lot require submission of plot plans. <br />Upon reviewing a plot plan, the Building Department staff would be able to advise whether the <br />project requires conformance with the landscape ordinance. <br />Commissioner Rennie said he understands the plot plan requirement, but he's not talking about a <br />building. Planner Barros said the scenario he described would not trigger the ordinance. She <br />also noted that most single - family homes in San Leandro are on 5,000- square -foot lots, and most <br />houses have footprints of about 1,500 square feet. She said staff reviewed this data while working <br />on the draft ordinance in 2009, including discussions with the Planning Commission. Again, she <br />reiterated that these triggers are mandated by the State. <br />
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