Reso 2014-090 - Laserfiche WebLink

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Exhibit 1 FINDINGS OF FACT FOR DENIAL OF APPEAL PLN2014-00007 Modification of Planned Development Heron Bay Residential Subdivision Heron Bay Homeowners Association do A. A. Berger(Appellant) Planned Development 1. That the proposed location of the use is in accord with the objectives of the Zoning Code and the purposes of the district in which the site is located. The location of the proposed pedestrian and vehicular gates and associated fencing is located on private property and would generally meet the objective for setback and sight distance requirements. However the proposed gates and fencing would not be in accord with the purpose of the residential district to provide residential development consistent with the General Plan (Zoning Code Section 2-500 A.), per General Plan Policy 2.10, which discourages the development of "gated" communities or the gating of already developed subdivisions, unless overriding public safety considerations exist. The number of public safety incidents at the already developed neighborhood is not an unusually large volume that warrants the proposed gates and fences. The approved Planned Development (PD-91-3) provides the underlying development standards for the Heron Bay neighborhood. The previous approval was intended not to isolate the neighborhood from the immediate community. The proposed gates and fencing would be contrary to the approved PD. To gate a single-family residential neighborhood is not supported by policy in San Leandro. The proposal would establish an undesirable precedent in the City's efforts at planning residential neighborhoods, and specifically single-family neighborhoods in the City which are typically not gated. 2. That the proposed location of the use and the proposed conditions under which it would be operated or maintained, will be consistent with the General Plan; will not be detrimental to the public health, safety or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the City. General Plan Policy 2.10 Gated Communities states that unless overriding public safety considerations exist, discourage the development of"gated" communities or the gating of already developed neighborhoods or subdivisions. Installation of the requested gates and fencing will result in the establishment of a gated community which is inconsistent with General Plan Policy 2.10 unless it is determined that overriding public safety considerations exist. As stated above, the number of public safety incidents at Heron Bay, an already developed neighborhood is not considered a large volume that warrants the proposed gates and fences.