San Leandro Municipal Code Art. 2 Approval Procedure for New Real Estate Developments and Structures for…

That certain document entitled "City of San Leandro Alquist-Priolo Special Studies Zone Guidelines" dated December 15, 1975, and filed in the office of the City Clerk is hereby adopted for the purpose of establishing procedures for approval of proposed new real estate developments and structures for human occupancy defined as projects by the Alquist-Priolo Special Studies Zones Act, and is by this reference incorporated herein. Said guidelines may be amended from time to time by resolution of the City Council. Any such amendment shall take effect immediately upon approval by the City Council.

No tentative map or parcel map for a new real estate development shall be approved, and no building permit for a structure defined as a project by the Alquist-Priolo Special Studies Zones Act shall be issued, for any property included within the special studies zones established by this Chapter unless the Public Works Director determines that the proposed development or structure would create no undue hazard. Such determination shall be made only in accordance with the Alquist-Priolo Special Studies Zones Act, the policies and criteria of the State Mining and Geology Board adopted pursuant thereto and the City of San Leandro Alquist-Priolo Special Studies Zones Act, the policies and criteria of the State Mining and Geology Board adopted pursuant thereto and the City of San Leandro Alquist-Priolo Special Studies Zones Guidelines. Such determination shall be final unless appealed to the Board of Appeals established by Chapter 5 of Title VII.

Any person aggrieved by the determination of the Public Works Director may appeal such determination to the Board of Appeals by filing written notice of appeal with the Public Works Director within 15 days from the date of such determination.

The Board of Appeals shall hear such appeal within 30 days after notice of appeal is filed with the Public Works Director. Written notice by mail of the date, time and place of such hearing shall be given by the Public Works Director to all persons who have filed with him or her a written request therefor. No other notice thereof need be given.

The Board of Appeals shall independently determine from the evidence submitted whether an undue hazard would be created by the proposed development or structure. Such determinations shall be final.