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Minutes San Leandro City Council Meeting October 1, 1990 Page 6 PUBLIC HEARINGS (continued) b. Matter of ZA-90-1; Alta Mira Club, Inc. ; 561 Lafayette Avenue; Conditions • Establishing Permissible Level of Activity for Legal , Non-Conforming Use; Lucille Kline -- Appeal . This being the time and place for the Public Hearing on the above matter, Steve Meyers, City Attorney, said the City Zoning Ordinance describes three types of land use: legal , illegal , and non-conforming. The term non- conforming is for the use of land which, at the time it was instituted, was legal but since that time changes have been made to the Zoning Code so the use is no longer permitted. He said non-conforming uses may be terminated if they are abandoned by the user or the premises are destroyed. He said the City can also prohibit expansion of a non-conforming use beyond that which was originally established. He said the purpose of the Hearing on the Alta Mira Club was to determine the extent to which the use has expanded beyond that which was allowed when the use was established. He said staff has taken the position that the appropriate resolution of the problems at the Alta Mira Club was to establish conditions for use which would be part of a contract between the City and the Alta Mira Club. He said the matter on the City Council 's Agenda tonight was the recommendation of the Board of Zoning Adjustment setting forth such Conditions and the Appeal of the Alta Mira Club of some of those Conditions. Council Member Corbett said she had been advised by the City Attorney to o abstain from discussion and would not be participating in the discussion on this matter. Martin Vitz, City Planner, noted that this Public Hearing was continued from earlier this year. He said the City Council had before them the Board of Zoning Adjustments' terms and conditions on use of the Alta Mira Club. He said the Club is located at 561 Lafayette in an R-1 District, surrounded by single-family homes. He said the report of the Board of Zoning Adjustments includes the minutes of the Board of Zoning Adjustments Public Hearing, recommended Conditions and other pertinent documents. Mayor Karp said the Club was only appealing Conditions 1 .A. and 1 .B. of the Conditions of Approval related to the prohibition against amplified music and required sound levels. There was considerable discussion by the City Council and with Mr. Vitz regarding the meeting of decibel levels, the 55 dBA, as they related to the Noise Element of the General Plan and to the subject property. Mr. Vitz explained that the exterior noise level in the General Plan Noise Element is the maximum for a residential area and includes background and ambient noise level . He said the primary concern of the residents in the area of the Alta Mira Club was noise and the Conditions placed by the Board of Zoning Adjustments were the Board's way of meeting the concerns of the residents. City Council asked questions regarding noise readings in the area and how amplified music would be measured. They discussed differences in the types of noise related to amplified rock-and-roll music versus single guitar and asked if the noise consultant, who had taken measurements, had taken this into consideration.