3A Public Hearing 2013 0520 - Laserfiche WebLink

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Commissioner Rennie said 300 feet does not have a rational basis because it’s neither data driven nor based on the CFO use. It’s based on the Large Family Day Care use. Planner Barros said that on a practical level, it’s difficult to operate with no rules, and in the case of CFOs, there’s very little we’re allowed to regulate in any case. Because CFOs are part of a movement that’s growing, she added, it could expand considerably. She said staff took a cautious approach to this new territory, and looked at the Administrative Exceptions process as a way to address some of the issues that would come up. Ms. Faught said that reducing the spacing to zero feet would not necessarily result in a need for case-by-case analysis. The CFO would simply be allowed provided it complied with other conditions. With spacing set at a particular number, on the other hand, she said that if an applicant were to be denied an application on that basis, the Zoning Administrator would then have an opportunity to examine that situation and permit it if he/she could make the finding that the CFO would not create adverse impacts, etc. Secretary Liao said that the law, although probably imperfect, is already in effect, so the City is a bit behind the curve in terms of developing guidelines and setting up some standards. Considering that CFOs are part of a growing movement, Commissioner Hernandez asked whether a survey of residents might give us a better gauge on the potential impact that could be considered when discussing the kinds of rules we should have. Commissioner Rennie said that lots in some San Leandro neighborhoods have frontages of about 50 feet. Measuring 150 feet from the property line would go four houses down the block. He said to imagine living there, and think about the last time someone who lived four houses away did anything that affected you – cars parked up and down the street for a party or family gathering at that house. Further, he said that’s on a weekend or evening, when people are more likely to be home, as opposed to weekdays when they’re at work. If you consider 300 feet versus 150 feet, Commissioner Rennie continued, it would take you seven houses down from the property line – if there are seven houses left on the block. He said in the situation of a Large Family Day Care operation, he can imagine 14 cars arriving within a 10 - minute window, but with CFOs there would be no such window of intense activity. People would arrive over a period of, say, eight hours rather than 10 minutes. He said the impact on parking would be practically indiscernible.