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Minutes - San Leandro City Council Meeting - FEBRUARY 20, 1990 Page - 10 - PUBLIC HEARINGS (continued) James Heilbronner, project architect for Banner Development, the property owner, gave a slide presentation on the proposed development, showing site plan, parking, landscaping, and other aspects of the project. He described the existing building, the roof-top parking and the plaza area. He said areas of concern related to the North Area Plan have been addressed in detail . He said the matter of privacy for Linvale Townhouses was raised for the first time today. Maria D. Cabral , President of Creekside Neighborhood Association, said the building will be an improvement on East 14th Street but was concerned about traffic problems and pedestrian crossings. She noted there is already heavy traffic on Haas Avenue and feels there is not enough parking for the development. Paul J. ten Doesschate, Tiburon, CA, owner of the Linvale Townhouses, said he was concerned regarding the impact of the proposed driveway and building on the backyards of the townhouses. He said if windows are put on the existing wall , the tenants would have little or no privacy in their backyards. He also noted traffic problems on Haas Avenue. Mike Clevenger, Banner Development, said they have worked diligently with staff and Creekside Neighborhood Association to address all problems. He said they would be happy to work on the matter of providing for privacy for the Linvale Townhouses and also on a TSM plan. There being no further comments from the public, on motion of Council Member Santos, seconded by Council Member Suchman and carried unanimously, the Public Hearing was closed. On motion of Council Member Jardin, seconded by Council Member Suchman and carried unanimously, the recommendations of the Planning Commission were approved with the condition that the developer work out an agreement to provide for privacy for the Linvale Townhouses and that the developer prepare a TSM program. c. Matter of ZA-89-2; Appeal by Andy Saberi of a Zoning Determination that the Gasoline Service Station at 635 MacArthur Boulevard in the C-2 (Light Commercial ) District, Was Discontinued for a Period in Excess of One (1) Year, and that Re-Establishment of the Use Will Require a New Conditional Use Permit -- Appeal . Joann Scilley, Community Standards Coordinator, noted that this was an Appeal of the decision of the Board of Zoning Adjustments that business at this gas station had been discontinued for a period in excess of one year and re- establishment of the use will require a new Conditional Use Permit. She described City records indicating that the station had been closed for more than one year. She said Mr. Saberi , the owner of the property, had submitted documentation which he felt showed sales activities during that period but the City position was that the documentation did not indicate sales activity. She said the matter was Appealed to the Board of Zoning Adjustments who denied the Appeal and Mr. Saberi was given at least six months to provide