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2 I <br /> enforce the rules , City Attorney advised that the City can , and in <br /> fact does , seek injunctive relief in the courts , to require undoing <br /> what has been done , Following discussion , Councilman Henderson suggested <br /> that staff review for Council the possibility of penalty techniques . <br /> (Memo 12/12/72 ) <br /> PUBLIC HEARING, Application of Mark Ryan and Eugene Majesky to amend the <br /> Zoning Map to rezone property located at 730 Woodside Road ; being the <br /> westerly 125 feet of Lot 11 , Block H, Woodside Acres #1 ; from "R_3 " <br /> (Multi-Family - Low Density) District to "CG " (General Commercial ) <br /> District , declared open and affidavits of publication and mailing <br /> ordered filed , <br /> Planning Director responded to several questions by Council , indica- <br /> ting that the application related only to rezoning, and that no construc- <br /> tion plans or site development plans were presented along with the <br /> application . However , controls would be imposed through the Architectural <br /> Permit . He advised that the intention was to place buildings more to the <br /> rear of the property , with development on Woodside Road for off- street <br /> parking . It was his understanding the Planning Commission recommendation <br /> was consistent with the adopted Woodside Road Element of the General Plan , <br /> which suggests deepening of the lots , rather than lengthening zoning <br /> along Woodside Road . In response to question concerning control over <br /> the non-access strip , Planning Director advised that it was his under- <br /> standing the owners had already offered for dedication such a non-access <br /> strip , which if accepted by the City, would prevent commercial area from <br /> reaching residential streets , regardless of what kind of development <br /> owner proposed . <br /> City Attorney commented that the matter before Council was two-fold . <br /> The first related to rezoning , and under the Cityts Ordinance Council <br /> could not condition rezoning , If Council made the determination to <br /> proceed with rezoning , then as a separate action, they could accept the <br /> dedication . He recommended that Council , in the event of approval of <br /> the rezoning, make the finding that rezoning is in fact consistent with <br /> the Woodside Road Element of the General Plan . <br /> Mr . Mark Ryan, 193 Arch Street , affirmed <br /> that they had offered a non-access strip , <br /> and advised that the proposal is to utilize <br /> a number of very attractive trees on the <br /> property in the form of a mall . They would <br /> like to place the structures in various places <br /> on the site , not necessarily the back . <br /> There being no communications or further discussion, Councilman Weymouth <br /> moved to close the public hearing, seconded by Councilman Norris and <br /> carried , <br /> 12/11/72 <br />