File #: 14-357    Version: 1 Name: SR: Heron Bay Appeal
Type: Staff Report Status: Filed
In control: City Council
Meeting Date: 9/2/2014 Final action: 9/2/2014
Enactment date: Enactment #:
Title: Staff Report for the Matter of PLN2014-00007; Appeal of the Planning Commission's Denial of a Proposed Modification to Planned Development PD-91-3. Appellant proposes to construct new gates and fencing for the Heron Bay Homeowners Association residential development. A Planning Commission denial is final but can be appealed to the City Council. RS(PD) Residential Single-Family, Planned Development Overlay District. Assessor's Parcel Numbers 80G-1325-5-1, 80G-1406-26, and 80G-1406-29. Heron Bay Homeowners Association c/o A. A. Berger, General Counsel (appellant).
Sponsors: Cynthia Battenberg
Attachments: 1. Appeal Application with Supporting Statements 7-3-2014.pdf, 2. Excerpts from May 15 2014 PC meeting.pdf, 3. Excerpts from June 19 2014 PC meeting.pdf, 4. Letter from BCDC to A Berger 6-19-2014.pdf, 5. Email fr J Tepper Memo Exhibits to PC Secretary .pdf, 6. Letter from Bay Trail Planner 6-11-2014.pdf, 7. Letter from BCDC 6-12-2014.pdf, 8. General Plan Figure 5-1.pdf, 9. Bike Master Plan Figure 9.pdf, 10. 2012 Crime by Council Districts.pdf, 11. 2013 Crime by Council Districts.pdf, 12. 2014 Crime by Council Districts.pdf, 13. Applicants Supporting Statement.pdf, 14. Vicinity Map CC Report.pdf, 15. Planning Commission Staff Report 6-19-2014.pdf, 16. Planning Commission Resolution and Findings for Denial.pdf, 17. Tract Map 6810 Sheets 1 through 5.pdf, 18. City Engineers Report and Conditions for Vesting Tentative Map 6665.pdf, 19. Planning Commission Minutes November 9 1995.pdf, 20. Heron Bay Exhibit A.PDF, 21. Heron Bay Exhibit B.PDF, 22. Heron Bay Exhibit C.PDF, 23. Heron Bay Exhibit D.PDF, 24. Excerpt of San Francisco Bay Trail Map.pdf, 25. Gated Communities References and Websites.pdf, 26. Photographs of Existing Site Conditions.pdf, 27. Email received from S Smith 6-17-2014.pdf, 28. Email received from J Licari 6-17-2014.pdf, 29. Email received from G Jahad G Leonard 6-10-2014.pdf, 30. Email received from K Zhang 5-14-2014.pdf, 31. Email received from K Zhang 5-27-2014.pdf, 32. Email received from W Young 5-7-2014.pdf, 33. Email received from H Lai 7-18-2013.pdf, 34. PowerPoint
Title
Staff Report for the Matter of PLN2014-00007; Appeal of the Planning Commission's Denial of a Proposed Modification to Planned Development PD-91-3. Appellant proposes to construct new gates and fencing for the Heron Bay Homeowners Association residential development. A Planning Commission denial is final but can be appealed to the City Council. RS(PD) Residential Single-Family, Planned Development Overlay District. Assessor's Parcel Numbers 80G-1325-5-1, 80G-1406-26, and 80G-1406-29. Heron Bay Homeowners Association c/o A. A. Berger, General Counsel (appellant).

Staffreport
SUMMARY AND RECOMMENDATIONS

The Heron Bay Homeowners Association (Association) proposes to install vehicular and pedestrian gates and fencing across Bayfront Drive, Anchorage Drive, and the open space at the north side of the Lewelling Boulevard circle, which would effectively gate the residential community. The purpose would be to control vehicular traffic into the Heron Bay residential development and permit bicycle and pedestrian traffic via a swinging gate along the Bayfront Drive sidewalk.

The Heron Bay Planned Development was approved by the City Council in the 1990s as an open and non-gated residential community. Staff determined that the proposal is a major modification of the Planned Development. Just as the Planned Development to establish an open and non-gated Heron Bay neighborhood was subject to discretionary review by the Planning Commission and the City Council, so too is the proposal to modify it by gating and fencing the neighborhood. The Planning Commission reviewed the proposed modification to the Planned Development and denied it.

This matter was originally noticed for the May 15, 2014 Planning Commission meeting. Prior to that meeting, the applicant requested a postponement to the next Planning Commission meeting date. Staff recommended continuance of the matter and the Planning Commission agreed to continue it to the June 19, 2014 meeting.

At its...

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