pages: CityCouncil/2017-07-18.pdf, 14
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CityCouncil | 2017-07-18 | 14 | or may not do with the space; stated there is no evidence what a new owner would do with the land. The Assistant City Attorney responded based on the current operator, the new operator will be faced with the same circumstances. Vice Mayor Vella inquired whether notice can be cured if there was a notice deficiency; and how staff would go about curing a deficiency. The Assistant City Attorney inquired if the question is if there are new operators and further violations. Vice Mayor Vella stated Councilmember Oddie's question pertains to due process and whether the law requires a heightened level of notice to revoke the UP; inquired whether there is an ability to cure the deficiency and what would be the process. The Assistant City Attorney responded staff is not taking the position that the notice was deficient; stated if the Council concludes that adequate notice has not been given to the property owner, Council could decide the UP can continue; staff's opinion is that there is adequate evidence and satisfactory notice was given. Vice Mayor Vella inquired whether the appellant's continued violations of the UP would result in revocation. The Assistant Community Development Director responded the property owner and the operator attended four public hearings with the Planning Board; stated the discussion addressed that the penalty for not meeting the conditions is revocation. Vice Mayor Vella inquired how many opportunities is the City required to offer regarding violations of a UP. The Assistant City Attorney responded there is no magic number; stated the notice has to be sufficient to allow the property owner and the operator a chance to cure. Councilmember Ezzy Ashcraft inquired whether written material accompanies the Planning Board agenda and what said material includes. The Assistant Community Development Director responded in the affirmative; stated there are letters from neighbors and a documented history. Councilmember Ezzy Ashcraft inquired whether said items are in the staff reports. The Assistant Community Development Director responded the documents are in the staff reports and attachments; stated at the last Planning Board meeting included over 100 pages. Regular Meeting Alameda City Council July 18, 2017 | CityCouncil/2017-07-18.pdf |