4A Public Hearing 2014 0602 - Laserfiche WebLink

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Exhibit D: Excerpt of the Board of Zoning Adjustments Regular Meeting Minutes, April 3, 2014 Page 3 of 5  Permitted with Administrative Review – animal boarding, automatic teller machines (ATMs), catering services, community gardens, game centers, nurseries Note: The Commissioner comments and questions that follow are grouped by topic. Entertainment Activities: Vice Chair Palma said the decision to prohibit live entertainment in industrial areas, which she opposed since the start and believes was made in a “reactive mode,” should be completely rethought. When she was at Drake’s recently on Alameda County business, they complained about that decision because it rules out the live entertainment Drake’s provided for large numbers of patrons participating in its popular First Friday events. Vice Chair Palma also pointed out the irony of prohibiting live entertainment in the industrial zones at the same time that the City wants to encourage the kinds of businesses in the industrial area, such as microbreweries, which lend themselves to entertainment and live action. Chair Mendieta agreed that nothing should be done that would impede First Fridays entert ainment at Drake’s. Member Hudson concurred also, saying there’s no reason to punish Drake’s, which has been a very responsible company, and prohibiting entertainment there would affect the whole community. Member Daly echoed their comments, noting that plans for the 21st Amendment Brewery that’s moving into the old Kellogg’s site at 2010 Williams Street include a restaurant and event space. He said it’s the kind of place where people would expect live entertainment, and because it’s not far from the new Ka iser development and the proposed Office/Technology Campus, it could be an important destination for those who work there. Secretary Barros said these are among the reasons the entertainment issue has been removed from the zoning change cleanup effort. It’s a big issue that needs more time for public outreach, with the Business Development Department and with the City Attorney’s office to make sure it’s handled the best way possible. Signs: Member Hudson said the language doesn’t make it clear how long candidates have to remove political signs after an election. Later in the meeting, after checking with the City Attorney Richard Pio Roda, who worked on this during her leave of absence, Ms. Faught reported that having time limits on signs, even temporary signs, may be unconstitutional, because they represent an expression of the First Amendment right to free speech. She referred to the recent U.S. Supreme Court ruling in the McCutcheon v. Federal Election Commission case as affirming how important a First Amendment issue the U.S. Supreme Court considers the ability to campaign. Planner Barros, emphasizing that Zoning Code regulations apply to private property rather than public property, clarified that in general signs are not supposed to be posted in the public right-of-way (ROW). Member Daly said he thinks the most annoying political signs are those posted in the ROW or on private property without the owner’s permission, and there’s probably a way of getting those signs removed – when they shouldn’t even be there in the first place. He asked whether residents could call to complain if campaigns or candidates leave signs up on telephone poles or posted in shopping center parking lots. Planner Barros said she’d check whether complaints should go to the San Leandro Police Department’s community compliance unit or the Public Works Department. In response to Member Hudson, she confirmed that sidewalks are considered part of the public ROW, and if someone leaves a sofa, for instance, on the sidewalk, one would compla in to the Community Compliance Division. C-RM Commercial Regional Mall Uses: Member Daly asked for more details about the additional uses recommended for Bayfair Center. Planner Barros said the C-RM District additions correspond to many permitted CC Commercial Community District uses, but there are exceptions. For instance, auto repair facilities are allowed with CUPs in the CC District, but are not among those staff is recommending to add