SR 05:069A - Laserfiche WebLink

Bozorgzad Development With the City's review of PUD-99-02, the PUD development plan for the Bozorgzad property, it was determined by representatives of the Planning, Public Works/Engineering, and Police De- partments that the best alignment for the sidewalk would be achieved by locating it on the Bach property along the west side of the Bozorgzad property and then on the east side of Sycamore Terrace. (Copies of approved development plan and ordinance for PUD-99-02 are attached.) A straight continuous pedestrian connection would then be achieved from San Carlos Way to Sycamore Terrace and then to Sycamore Creek Way. A ten-foot wide, combined Public Trail Easement and Public Utilities Easement straddling the Bach/Bozorgzad properties - seven feet on the Bach property and three feet on the Bozorgzad property - was agreed to by Bach/Bozor- gzad and recorded over their properties for the purpose of accommodating the sidewalk and an eight-inch diameter water line. Mr. Bozorgzad installed the water line. As required by Condi- tion No. 8 of the Bozorgzad PUD approval: "The construction of the pedestrian path on the Bach property shall be the respon- sibility of the developer of the Bach property. The exact location and timing for the installation of the path shall be determined in conjunction with the Bach PUD application." The issue of deleting the pedestrian sidewalk from the North Sycamore Specific Plan was raised by Mr. Bozorgzad with his PUD application and by some neighbors on San Carlos Way, San Juan Way, and Sonoma Drive. This issue was discussed at a neighborhood meeting conducted by staff and was discussed by the Planning Commission and City Council at their public hear- ings. With the Bozorgzad application, staff received petitions in favor of the sidewalk connec- tion and in opposition to the sidewalk connection signed by the San Carlos Way/San Juan Way/San Luis CourtJSonoma Drive neighbors. (Copies of these petitions are attached.) The majority of the attendees at the neighborhood meeting supported the sidewalk connection and requested its immediate construction with the first phase of the Bozorgzad development. The Proposed Development Plan As previously stated, the public sidewalk is shown on the proposed development plan. Hoss and Mojgan Bozorgzad have stated their opposition to the sidewalk connection because of potential impacts to the privacy of their home and requested that it be deleted from the proposed project. In an effort to resolve the issues on the sidewalk, there have been substantial discussions involv- ing Mr. Bozorgzad, the applicants, and staff, including an on-site meeting. The applicants agreed to several continuances of the public hearing in order to work out the sidewalk issues and other neighbor issues. To address Mr. Bozorgzad's privacy concerns, Staff committed its support to Mr. Bozorgzad replacing the existing open fence with a six-foot tall solid wall/fence. An on-site evaluation by staff with Mr. Bozorgzad would indicate that the solid wall/fence would block the views of the Bozorgzad property from the sidewalk. Staff considers the solid wall/fence to be consistent with Item 6.a., PUD-42 and PSP-08 Page 5 of 18 February 9, 2005