2006-01-06 TPD - Laserfiche WebLink

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Corporation Counsel said, well, the rezoning ordinance is no good because noneof the conditions have been met, so treat it as an Ag-1. So tentative approval was issued and tentative approval for subdivision basically means you can go forward with the subdivision as shown on the map. Then we came in, and I dont know if I agree with that approach, but the gist of it is that tentative approval had been given for the subdivision as a one-acre lot subdivision under one-acre zoning. So we allowed the subdivision to be finalized, but we sent a letter to the landowners, all the landowners, making it clear that we considered this to be under one-acre zoning, the subdivision was allowed under one-acre zoning so now dont come in, you bought a lot, dont come in and try to use 7500 square foot zoning on the lot that you bought. It wasnt done that way, okay. So if you have a residential 7,500 square foot zoning, you have access issues, you have sidewalks, curbs, gutters, all that kind of improvements would have been called for in the improvements. So we could have initiated this repeal at any time after that. But things being, you know, other things coming up, we didnt do anything about it until Matsunocameforwardtorezoneaportionofthepropertytoacommercialuse;andthatreally made it clear that we have to do something formal to throw out this zoning thats still on the books as far as the last rezoning ordinance on the property. So we really need to do something to clean it up. Because once with, if you look at the conditions of zoning, you cant decide, well, what is the first increment, what is the second increment. If somebody wants to build a house on one lot do we say no because there are not 60 houses built on another lot that, you know, the first increment is supposed to have? It says the first increment is supposed to have 30 or 40 houses, and then you can do the second increment. So thats why we brought this forward to clean it up. Now they go back to the, the end result if we repeal the RS zoning ordinance is that they are zoned Ag 1-acre. We dont look at that as necessarily the best zoning long-term for the property; but, then people will come, if they have other ideas and other plans, then they need to come forward to rezone it to something else from the Ag-1. SIRACUSA:Question for the Director, please. ALAMEDA:Commissioner Siracusa. SIRACUSA:Does this mean that we acted precipitously when we rezoned the Matsuno portion, or should we have done the whole thing the other way around, done this first and then taken up the Matsuno change of zone? YUEN:This is really more of a house cleaning and it didnt -. The ideal thing would have been to do this first, but I dont think that its a critical matter that Matsuno went first. SIRACUSA:Its not going to make that change of zone, raise any questions about its legality because were doing this first? YUEN:No. 5EXHIBIT C