4A Public Hearing 2014 0602 - Laserfiche WebLink

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• Height limitations on plantings (as there are with tall weeds). • Whether standards would be enforced, what penalties would be incurred if a Community Garden is neglected or becomes an eyesore. • Whether livestock and beehives should be explicitly excluded. • Whether “private farms” should be removed from the definition. • The reason for express prohibition against growing cannabis for personal consumption Commissioner Rennie agreed it’s important to think carefully about how Community Gardens would function, but said they would be a really good complement for multi-family residential developments, as well as a good buffer or interface between uses. Dance Club: Planner Barros said this has been difficult to enforce, because if someone wants to dance at a bar, it suddenly becomes a Dance Hall. Commissioners and BZA Members discussed whether a monthly or annual limit on the number of dance activities should be used to establish a threshold for the Dance Club definition, but ultimately concurred that adding the word “primary” to “use” or “activity” or “purpose” in the definition might be the solution. Entertainment Activities: Planner Barros explained that after reviewing how other communities (including San Francisco, Walnut Creek and Fremont) handle Entertainment Activities, staff is recommending moving Entertainment Activities from the City’s Zoning Code to the Municipal Code. That would add flexibility, she said, because it would allow establishment of Entertainment Activities in the City on a much broader basis. The shift to the Municipal Code would involve creating an Entertainment Permit process that also would define Entertainment and establish performance regulations. Community Development Director Battenberg said the Zoning Code recommendations and text for the Municipal Code amendments would go to the City Council concurrently, so there would be no gap or overlap in coverage. As an Alameda County staff member, Vice Chair Palma said Fremont’s approach has been a disaster, particularly with special events that include entertainment. Fremont has established numerous requirements that conflict with County regulations, she said. Commissioner Rennie asked if the proposed shift means that San Leandro would no longer regulate night clubs and similar venues from a land use perspective in terms of size, location and other factors. There was discussion about the ABC-police relationship when it comes to dealing with problems in bars or nightclubs and the difference between use permits and operating permits. Chair Abero told of having to go to the Police Department to obtain a permit for a church picnic, and said the Police Department is likely to have more input into the kind of businesses operating in the community. She said the entertainment issue warrants a closer look, because we don’t want to create a situation in which we have more legal issues stemming from the way we administer it. BZA Member Crawford expressed concern about discriminating against potential business owners and operators with misdemeanors on their records. Fast Food Restaurants: Commissioners Fitzsimons and Rennie said they oppose Fast Food Restaurants in the SA-2 District due to the proximity of elementary schools. Health & Fitness Centers: When Vice Chair Hernandez asked whether bowling alleys and skating rinks aren’t more “dedicated” activities than health and fitness centers, Secretary Barros said the idea is to expand the Health & Fitness Centers definition to include such “sporty” activities that aren’t really considered entertainment. Chair Mendieta pointed out that bowling alleys also sell food and liquor, and perhaps should stand on their own. Exhibit E: Excerpt of Meeting Minutes for Planning Commission/BZA Joint Work Session, January 30 Page 3 of 9