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