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MINUTES Page 6 City of San Leandro City Council and San Leandro Redevelopment Agency Joint Meeting-October 17, 2005 Some members of the Council suggested the possibility of allowing auto parts sales with a Conditional Use Permit, and requested clarification regarding the intent of the zoning change. Mr. Hom commented that, although the Council is concerned specifically with Mr. Begier's property, any change will affect the entire CD District, and the Council should determine whether an auto parts store in a downtown pedestrian setting is appropriate. Vice Mayor Badger asked if auto parts sales could be considered as an accessory use to Mr. Begier's auto dealership. Mr. Hum indicated that normally, accessory uses are located on the same property. Mayor Young suggested that there may be a way to conditionally permit an auto parts use based on the square footage ofthe property. It was suggested that the Council take a recess or move to other business while staff researched the size ofthe Begier property. (At this time the City Council moved from this item to Item 5-Public Comments) Mr. Horn reported that the total square footage of Mr. Begier's parcel is 5,205 square feet. Councilmembers suggested language to the proposed Zoning Code amendments to allow auto parts sales as a conditional use for parcels under 6,000 square feet. Mr. J ermanis pointed out that this amendment would apply to the entire CD District, not just to Mr. Begier's property, and the Council is likely to see a proposal for a mixed use development for the Albertson's property which could allow for an auto parts store to be located there. Mr. Jermanis noted that in an effort to accommodate Mr. Begier, the Council's action could have unintended consequences. Mr. Hom added that the denial of conditional uses must be based on sound findings; otherwise, the City could be accused of being arbitrary and capricious in its decisions. He noted that if the Council wished to allow auto parts sales in the Downtown District, the Downtown and Industrial Districts would be the only districts which would allow auto parts sales. Concerns were expressed by some members of the Council that by making an exception for Mr. Begier's property, the City would be forced to allow auto parts sales uses for other properties in the Downtown District. Councilmember Santos asked if any auto parts stores have expressed interest locating in the Downtown District. Ms. Pollart indicated that AutoZone has expressed keen interest in locating along East 14th Street. Mr. J ermanis pointed out that the staff recommends further modifications to the proposed Zoning Code amendments to make the existing two-family residence a conforming use but not to allow auto parts sales. By allowing auto parts sales as a conditional use, the City would run the risk of destroying the ambience it is trying to create for the Commercial Downtown District. Councilmember Grant asked if auto parts sales would be allowed at Mr. Begier's auto dealership. Ms. Pollart indicated that it could be permitted as an accessory use.