3B Public Hearing 2012 0221 - Laserfiche WebLink

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Planning Commission Regular Meeting Minutes December 15, 2011 Agenda No. 11 -12 Page 4 of 9 Based on the staff report, Commissioner Rennie said he can't picture particular properties that would be affected and thus has trouble understanding how the changes would affect zoning in the City and evaluating before - and -after conditions. He pointed out that the lack of definitions of Commercial Recreation, Entertainment Activities and Assembly Uses also makes it difficult to assess. He suggested that perhaps staff is so immersed in the process that it's difficult for them to step back and consider the issue from the perspectives of Commissioners and others who aren't so deeply involved. Commissioner Rennie said he supports preservation of the industrial area, but is struggling to see why we'd want to eliminate Commercial Recreation but leave Daycare intact. If the proposals are economically driven, he added, he would like to know the basis, but none of that analysis is included for evaluation either. He said that his viewpoint differs from Commissioner Crow's, but he shares the frustration in not understanding what these proposals would accomplish. From a procedural point of view, Commissioner Fitzsimons asked whether this is a time for questions, followed by statements from the public and then further comments from Commissioners, or whether Commissioners should combine questions and comments. Chair Collier said that it's a time for questions and comments for staff, depending on what the Commissioners feel they need to know before they make a decision. Commissioner Reed said that he, too, has been trying to digest the staff report, determine the reasoning and see the pros and cons. He said that he knows the staff well, and respects their dedication and experience, but it's still bothersome to try to digest so much from one big staff report. He thought, too, that the proposals may signal an overreaction to the tattoo party tragedy, because as he put it, not all the zoning in the world would have prevented that and it could have happened anywhere. Commissioner Reed also suggested that the proposals represent "too much too soon," and indicated that the City is short on recreational facilities. Although he said he'd do everything he can to protect the industrial base that's made San Leandro viable, he also considers the broad program recommended contrary to providing maximum flexibility while maintaining good zoning controls. He does not see a problem in having batting cages, rock climbing facilities and other such activities within the industrial area. Commissioner Crow asked whether the dispute between the City and Faith Fellowship Foursquare Gospel Church is behind the proposed code changes. Assistant City Attorney Pio Roda said that he is not at liberty to comment on litigation in progress, but he said that his office reviewed the proposed changes and found them reasonable. He said that, speaking in the abstract, he supposed it's possible for any church to argue that Assembly Use should be allowed in a zone that allows Commercial Recreation and Entertainment Activities. Commissioner Rennie said that he shares Commissioner Reed's concerns about where Commercial Recreation and Entertainment Activities have a practical chance of finding space in San Leandro, and that the proposals may go too far. While he said that he isn't necessarily opposed to reducing the availability of those uses in the industrial areas, he said he's not persuaded there's sufficient opportunity for them elsewhere in the City. Chair Collier added that restricting viable uses is problematic, particularly in current economic conditions. She pointed out that with regulations as they now stand, any Commercial Recreation or Entertainment Activities would have to meet parking, access and other requirements in order to be even conditionally permitted. Further, she said, the City has the right to require other conditions, including options for periodic reviews when it issues conditional use permits (CUPS). For that reason, she said that she had no problem leaving the affected uses as conditionally permitted in the IG, IL and IP Districts.