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�zs � development permit appl�cation Responding to additional questions, he advised that with regard to structural engtneering concerns mentioned, any construction on the sub�ect properties would have to meet building codes, and also that as a matter of private law, there is a duty on the part of the owner where the City would not be involved beyond that which is required in the Building Code ' (Councilman Chandler arrived at 8 05 p m) Planning Director Schroeter commented�and replied to questions by Council, advising that the maximum number of units for the parcel under R-5 zoning is 15, that the Planning Commission had seen pos- sibilities for a better design for the property, that although the developer saw the 15-foot side yard setback along Alden Street as open space, the Planning Comm�ssion did not consider it acceptable as such Mr. Fales and Mr Schricker commented on the fact that a Planned Development application allows a fair amount of discretion to both the City Council and the Planning Commission. Zuma Francis 904 Cleveland, questioned the concern by the neighbor- tng property owners regardin9 building on their property since it has been vacant for 15 or 20 years Edward De Wolf 127 North San Mateo Drive, San Mateo, architect for the pro,7ect, referred to certain requirements under the Building Code and that excavation to four feet would require a spread of footing of 45 degrees, that if the ad,7oining property is developed to the property line, the Code requires going to the same depth He stated that the design permits privacy and security that are desirable in , the area, and briefly descr�bed the proposed architectural style Mayor Barrett invited anyone else present who wished to speak to do so. No one wished to speak MOTION Councilman Bury moved, seconded by Councilman Rhodes, to close the public hearing The motion carried unantmously by voice vote. The public hearing was closed at 8 50 p m. MOTION Councilman Bury moved to uphold the decision of the Planning Commission and deny the Application of George Flack and Associates for a Planned Development Permit at 718 and 780 Arguello Street � The motion died for lack of a second MOTION Councilman Biagi moved, seconded by Councilman Leip n g, to reverse the action of the Planning Commission and grant the Appli- cation of George Flack and Assoc�ates for a Planned Development Permit to allow construction of 14 dwelling units on property at 718 and 780 Arguello Street in R-5 District The motion carried on the following roll call vote Ayes Councilmen Biagi, Leip n g, Rhodes , Noes Councilman Bury, Mayor Barrett Abstained Councilman Chandler (MINUTE ORDER'NO 78-147) Reg.Mtg -4- 5/22/78