4A Public Hearing 2014 0602 - Laserfiche WebLink

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Exhibit C: Excerpt of Planning Commission Meeting Minutes of April 17, 2014 Page 8 of 10 Commissioner Collier also expressed a concern about allowing brewpubs as an outright permitted use in so many districts. She said at least Administrative Review would be prudent. She said there may seem to be a big difference between brewpubs and bars, but the essential difference may be beer versus hard liquor. Planner Barros, citing Buffalo Bill’s in Hayward as an example, explained that staff thought in terms of brewpubs having restaurant operations as a primary use. She also pointed out that the definition specifically attaches brewpubs to bona fide eating establishments. When Commissioner Collier asked about the Englander’s CUP, Planner Barros explained that the CUP covers the restaurant’s comedy nights and other entertainment events, but the Englander is a restaurant and not a brewpub. Commissioner Leung asked about entertainment activities. He said in general an entertainment event can be either indoors or outdoors, and asked whether the language could specify outdoor events as either primary or accessory entertainment activities. Planner Barros said that at this time, we have no definition that differentiates between outdoor or indoor entertainment events and activities; another layer of discretionary review applies to outdoor events, for which outdoor facilities permits are required. Returning to the issue of signs, Planner Barros confirmed for Commissioner Rennie that lawn signs put out for an election would fall into the definition of temporary political signs. When he asked whether a resident would have to get a permit to put up such a sign, she deferred to Ms. Faught, who said she didn’t know. Commissioner Collier, based on her experience, said when candidates file a statement or want to post political signs, the candidate rather than the property owner takes responsibility, and signs a legal form. The candidate also is expected to keep a list of signs to be posted. T he City Clerk keeps a copy of the form, with the candidate’s contact information. Planner B arros said the form is called a “declaration of intent.” Commissioner Collier said the candidate indicates where signs will be posted on this form, the earliest date before the election they will be posted, and the maximum number of days after the election the signs will remain in place. Acting Chair Hernandez asked what would happen in the case of a state or federal election. Commissioner Collier said that not all candidates do so, but they or someone from their campaigns are also supposed to complete and file this form. Commissioner Rennie said he can’t imagine someone coming in to register before posting a “Vote for Barack Obama” sign on the front lawn. Noting that the language also requires coming into the City Clerk’s office at least two days before posting signs, Commissioner Rennie said we need to take a hard look at these rules. Ms. Faught said signs are tricky, which is why she asked whether the City Attorney’s office had reviewed it. She had understood temporary political signs were the only sign issue to be addressed at this time. Planner Barros said parts of the ordinance that don’t specifically relate to temporary political signs have been changed also; she mentioned window signs and reader boards. She also said there have been no problems with implementation of the sign ordinance at staff level, and in her recollection, the sign ordinance hasn’t been challenged. In response to a question from Ms. Faught, Commissioner Collier said that specific complaints trigger enforcement and Planner Barros said Code Compliance staff is not fully staffed enough for broad enforcement. Commissioner Fitzsimons said the temporary political signs language doesn’t call for removal of any signs unless they violate the Zoning Code or the Municipal Code. The problem with the original ordinance, Planner Barros said, is that these signs must be removed within 10 days, and upon the recommendation of the City Attorney, who worked with the City Clerk’s office, removing that limitation would be the only change from the status quo made for many years.