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File Number: 13-228 <br />that the Planning Commission proposal for the 150-foot separation with the relief of any <br />separation rules and/or on-street parking area for those home-businesses that do not conduct <br />sales from the site strikes a good balance between the flexibility sought by the Planning <br />Commission and the protection of residential neighborhood character raised by the BZA. <br />Exceptions to Cottage Food Operation Regulations <br />Staff proposes that, in any circumstance where a particular parcel did not meet the above <br />parameters, and where direct sales would be proposed from the home, an Administrative <br />Exception would be provided, whereby the neighboring residents would have a chance to <br />make public comment and the Zoning Enforcement Official would render an administrative <br />decision, pursuant to Section 2-574, Administrative Exceptions. <br />The findings for the Administrative Exception include “a determination that such exception <br />would not be detrimental to public health, safety or welfare and would not cause undue <br />damage, hardship, nuisance or other detriment to persons or property in the vicinity.” Staff <br />believes that the Administrative Exception process is suited to residential -based Cottage Food <br />Operations proposals while continuing to regulate the impacts that may be associated with <br />such a use that might generate vehicular traffic for home -based sales. <br />In order to accommodate the administrative process for an Administrative Exception , the <br />Zoning Code Section 2-574 Administrative Exceptions are proposed to be modified to include <br />exceptions to the Cottage Food parameters Numbers 1 through 7 above. Changes to this <br />section are shown in Exhibit A of the Ordinance attached. <br />Parking <br />Finally, to accommodate a single employee, allowed under the new State Law for Cottage <br />Food Operations, staff recommends adding the use “Cottage Food Operations” in the Zoning <br />Code Section 4-1704, with the requirement of one off -street parking space. Changes to this <br />section are shown in Exhibit A of the Ordinance attached. <br />Applicable General Plan Policies <br />Unlike other state-mandated uses such as large-family day care or residential congregate <br />care, the 2002 update of the General Plan did not contemplate this newly defined Cottage <br />Food Operation use. As such, no policies exist to specifically encourage this use. However, <br />the following broad policies in the General Plan promote live-work situations, retail diversity <br />and job opportunities: <br />·Policy 3.08 Live-Work Development - Provide opportunities for “live-work” <br />development…to provide a housing resource for artists, craftspersons, and persons <br />working from home. <br />·Policy 8.02 Retail Diversity - Encourage a diverse range of commercial uses in the <br />City, offering goods and services that fully meet the needs of San Leandro residents <br />and businesses… <br />Page 6 City of San Leandro Printed on 5/14/2013