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Park Maintenance: "Provide for the regular, systematic maintenance of San Leandro's parks and <br /> recreational facilities to prevent deterioration, ensure public safety, and permit continued public <br /> use and enjoyment."; and <br /> WHEREAS, the Planning Commission recommended other effective and less exclusive <br /> safety measures to mitigate crime, and maintain the Citywide bikeway system and permit <br /> continued public use and enjoyment of City parks; and <br /> WHEREAS,the Planning Commission denial was final but could be appealed to the City <br /> Council within 15 calendars days of the Planning Commission action; and <br /> WHEREAS,the Heron Bay Homeowners Association filed a timely appeal with the City <br /> Clerk's Office on July 3, 2014; and <br /> WHEREAS, the matter of the appeal was mutually scheduled by the appellant and the <br /> City to the City Council's regular meeting of September 2, 2014; and <br /> WHEREAS, the Application requires a Planned Development Approval,pursuant to 3- <br /> 1026 of the San Leandro Zoning Code, and <br /> WHEREAS, the Application does not satisfy all of the requisite findings as further <br /> explained in the findings of fact further set forth in Exhibit 1, which is made a part of and <br /> associated with this resolution; and <br /> WHEREAS,the City's General Plan and Zoning Code are incorporated herein by <br /> reference, and are available for review at City Hall during normal business hours; and <br /> WHEREAS,the project is categorically exempt from review under the California <br /> Environmental Quality Act pursuant to Section 15303(e),New Construction or Conversion of <br /> Small Structures. <br /> NOW, THEREFORE,the City Council of the City of San Leandro does RESOLVE as <br /> follows: <br /> Findings for the Planned Development. Based on the entirety of the record, including all as <br /> described above, and after a public hearing,the City Council finds and determines that <br /> PLN2014-00007, composed of an application proposing gates, fencing and related improvements <br /> to PD-91-3 is not in accord with the objectives of the Zoning Code; will not be consistent with <br /> the General Plan; will be detrimental to public health, safety, or welfare of persons in the <br /> immediate area; and will be detrimental to properties or improvements in the vicinity or to the <br /> general welfare of the City per sections 3-1020 and 5-2212 of the Zoning Code; and the City <br /> Council denies the appeal of the Heron Bay Homeowners Association and affirms the Planning <br /> Commission's denial of PLN2014-00007, the application to modify Heron Bay's Planned <br /> Development, PD-91-3. <br /> ***** <br /> RESOLUTION NO.2014-090 2 <br />