3A Public Hearing 2013 0520 - Laserfiche WebLink

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behind a CFO property, or 300 feet along the ROW that services the property. For variances and conditional use permits (CUPs) that go to the BZA, Planner Barros replied, that the 300-foot radius would reach the next block. For adjacent property notification (for Administative Exceptions), it includes the three properties across the street, three behind and two on either side. Commissioner Rennie asked Ms. Faught whether San Leandro’s ability to regulate CFOs in terms of concentration is flexible enough to apply only when the CFO proposes to have on -site sales. Ms. Faught said there are Class A and Class B CFOs. Class A allows for direct sales only; Class B allows for direct and indirect sales. She said that an applicant could say they have no intention of doing direct sales but sell only at farmers’ markets and holiday bazaars, and perhaps San Leandro could make a decision locally on that basis. According to the statute, she said we’d have to assume any CFO is engaged in direct sales, and regulating on the basis of that assumption would be reasonable. So, Commissioner Rennie said, we could have a different spacing rule that would apply for CFOs that don’t have direct sales off the property. Ms. Faught said yes, she believes we could do that, and it gets to the heart of the BZA’s concern. Planner Barros said that she had not reached the part of her presentation that discusses the fees involved. Currently Class A and Class B permits from the County cost $150 and $225, respectively; those fees are expected to increase in July 2013. In San Leandro, the zoning permit is $104, the business license has not yet been determined, and the Administrative Exception costs $434. In response to Chair Collier, Planner Barros said the fee is part of the City’s cost-recovery effort, because of the work involved in developing mailing lists and the noticing involved. Commissioner Hernandez asked about the enforcement of the rezoning. Planner Barros said the zoning permit for a business license is a one-time cost, and there’s no follow-up enforcement or monitoring. The Director of Finance may revoke a business license if a business is doing something other than what it’s licensed to do. If a CFO has sales exceeding the state allowance, it’s under the County Health Department’s jurisdiction. The sales ceiling also is included in San Leandro’s proposed CFO definition, Planner Barros said, but the City isn’t expecting to monitor receipts in any way. Commissioner Leichner asked whether it might make sense to remove the language about gross receipts from the proposed zoning changes so we aren’t somehow put in a position to enforce it if we should receive a complaint about a CFO exceeding its gross-receipts limit. Planner Barros said that she would favor doing that, and Ms. Faught agreed. Ms. Faught said the definition should refer to the state statute. CFOs would still have to get their permits from the County. She said that to make it simpler, the definition could refer to the HSC section without including detail about the gross revenues. The first sentence would have to be reworked as well. In response to Commissioner Hernandez’ question about baking medical marijuana products, Planner Barros said that would not be allowed in San Leandro at this time. Commissioner Hernandez also asked whether San Leandro would collect any taxes from CFOs. Planner Barros said that the state Board of Equalization would be the agency to collect any sales taxes due. Commissioner Rennie asked about parking in relation to multi-family housing. For a four-plex, for example, he asked whether there’s a requirement for visitor parking. Planner Barros said yes ,