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3B Public Hearing 2012 0221
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3B Public Hearing 2012 0221
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3/1/2012 3:27:37 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/21/2012
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_CC Agenda 2012 0221 CD+RG
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\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0221
8D Consent 2012 0305
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\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0305
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Planning Commission Regular Meeting Minutes December 15, 2011 <br />Agenda No. 11 -12 Page 4 of 9 <br />Based on the staff report, Commissioner Rennie said he can't picture particular properties that <br />would be affected and thus has trouble understanding how the changes would affect zoning in the <br />City and evaluating before - and -after conditions. He pointed out that the lack of definitions of <br />Commercial Recreation, Entertainment Activities and Assembly Uses also makes it difficult to <br />assess. He suggested that perhaps staff is so immersed in the process that it's difficult for them to <br />step back and consider the issue from the perspectives of Commissioners and others who aren't so <br />deeply involved. <br />Commissioner Rennie said he supports preservation of the industrial area, but is struggling to <br />see why we'd want to eliminate Commercial Recreation but leave Daycare intact. If the proposals <br />are economically driven, he added, he would like to know the basis, but none of that analysis is <br />included for evaluation either. He said that his viewpoint differs from Commissioner Crow's, but <br />he shares the frustration in not understanding what these proposals would accomplish. <br />From a procedural point of view, Commissioner Fitzsimons asked whether this is a time for <br />questions, followed by statements from the public and then further comments from <br />Commissioners, or whether Commissioners should combine questions and comments. Chair <br />Collier said that it's a time for questions and comments for staff, depending on what the <br />Commissioners feel they need to know before they make a decision. <br />Commissioner Reed said that he, too, has been trying to digest the staff report, determine the <br />reasoning and see the pros and cons. He said that he knows the staff well, and respects their <br />dedication and experience, but it's still bothersome to try to digest so much from one big staff <br />report. He thought, too, that the proposals may signal an overreaction to the tattoo party tragedy, <br />because as he put it, not all the zoning in the world would have prevented that and it could have <br />happened anywhere. <br />Commissioner Reed also suggested that the proposals represent "too much too soon," and <br />indicated that the City is short on recreational facilities. Although he said he'd do everything he <br />can to protect the industrial base that's made San Leandro viable, he also considers the broad <br />program recommended contrary to providing maximum flexibility while maintaining good zoning <br />controls. He does not see a problem in having batting cages, rock climbing facilities and other <br />such activities within the industrial area. <br />Commissioner Crow asked whether the dispute between the City and Faith Fellowship <br />Foursquare Gospel Church is behind the proposed code changes. Assistant City Attorney Pio <br />Roda said that he is not at liberty to comment on litigation in progress, but he said that his office <br />reviewed the proposed changes and found them reasonable. He said that, speaking in the abstract, <br />he supposed it's possible for any church to argue that Assembly Use should be allowed in a zone <br />that allows Commercial Recreation and Entertainment Activities. <br />Commissioner Rennie said that he shares Commissioner Reed's concerns about where <br />Commercial Recreation and Entertainment Activities have a practical chance of finding space in <br />San Leandro, and that the proposals may go too far. While he said that he isn't necessarily <br />opposed to reducing the availability of those uses in the industrial areas, he said he's not <br />persuaded there's sufficient opportunity for them elsewhere in the City. <br />Chair Collier added that restricting viable uses is problematic, particularly in current economic <br />conditions. She pointed out that with regulations as they now stand, any Commercial Recreation <br />or Entertainment Activities would have to meet parking, access and other requirements in order to <br />be even conditionally permitted. Further, she said, the City has the right to require other <br />conditions, including options for periodic reviews when it issues conditional use permits (CUPS). <br />For that reason, she said that she had no problem leaving the affected uses as conditionally <br />permitted in the IG, IL and IP Districts. <br />
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