SR 05:069 - Laserfiche WebLink

City Council would have to make the finding that it is not feasible for the public sidewalk to meet ADA standards if it wants the side~valk connection to be built. Miscellaneous Issues The attached Planning Commission staff report contains a complete discussion of the proposed project's issues pertaining to "Site Design"; "Sycamore Creek"; "The Pedestrian Sidewalk from Sycamore Terrace to San Carlos Way", "View Analyses';' "Design Guidelines'; "Green Building Measures"; "Fencing"; "Landscaping and Existing Trees"; "Growth Management Allocations"; and "Grading/Urban Stormwater Runofff'. PLANNING COMMISSION PUBLIC HEARING The Planning Commission heard PUD-42 and PSP-8 on February 9, 2005. Copies of the Plan- ning Commission staff report and minutes of the public hearing are attached. Mr. Ed Lamb, III, applicant, was present to speak in favor of the application and to answer questions. Mr. Lamb reiterated his position that he would follow the City's direction on building/not building the sidewalk connection between San Carlos Way and Sycamore Terrace. Bozorgzads' Comments Including Request For Reimbursement Hoss and Mojgan Bozorgzad (6056 Sycamore Terrace) and Peter McDonald (400 Main Street), representing Mr. Bozorgzad, were present to speak in favor of the project and to speak in opposi- tion to the proposed sidewalk connection. They oppose the sidewalk connection because of po- tential impacts to the privacy of their home and liability. In addition, at the Planning Commission public hearing, the Bozorgzads, through their legal counsel, requested that the City require the Bachs/Lambs to reimburse the Bozorgzads half of the cost of the installation of the private road/driveway - and the sidewalk, if still applicable - be- tween the two properties. The Bachs/lambs dispute owing anything to the Bozorgzads for the private road/driveway known as Sycamore Terrace. The Reciprocal Road Easement Agreement executed by the Bachs and the Bozorgzads, and re- corded with the Alameda County Recorder's Office in 2000, states: The Bachs and Bozorgzads are each responsible for half the cost of installation of the roadway. By separate agreement, Bachs and Bozorgzads have each made ar- rangement with Greenbriar Homes for their respective shares of the costs of the roadway installation." Pursuant to a letter dated January 2, 2002 from Phil Grubstick, City Engineer, the City under- stands that Greenbriar paid the Bozorgzads for the Bachs' share of thc installation of the private road. Copies of the letter is attached. SR 05:069 Page 8 (?f 15