Laserfiche WebLink
process for non-applicants to appeal if they object to a ZEO decision. Planner Barros said the <br />non-applicant process is covered in Article 28, but should also be made explicit in this context. <br />Vice Chair Hernandez asked who the City’s ZEO is. City staff indicated that the Community <br />Development Director Battenberg is filling that role. Mr. Pio Roda explained that the Municipal <br />Code provides that the City Manager or a designee can name the ZEO. <br />Article 22: Staff proposes deleting a paragraph from Section 5-2208.B that calls for posting <br />notices on or within 300 feet of a property for which a public hearing on a proposal is scheduled. <br />Vice Chair Palma, Commissioner Rennie, Members Daly and Hudson were among those who <br />want to retain posted notices. Commissioner Fitzsimons said he would like the notices to also <br />include a rendering or simulated photo to make proposals easier to visualize. <br />Planner Barros said that staff proposes amending Section 5-2218.E to extend the renewal period <br />for use permits, variances, height exceptions or parking exceptions from one to two years if the <br />findings required by Section 5-2212 remain valid. Discussion led to agreement that the extension <br />would be granted for one year at a time, as Member Crawford suggested, and up to two years <br />past the original year’s expiration date. <br />Article 28: In regard to Section 5-2808, Commissioner Fitzsimons asked whether the fact that a <br />hearing is not held within the specified timeframe constitutes a “failure to act.” Planner Barros <br />confirmed that it does, that failure to act affirms the original decision, and that’s why staff has <br />proposed extending the deadline to schedule a hearing on an appeal from 45 to 60 days from the <br />City’s receipt of an appeal. <br />Explaining the process going forward, Planner Barros said that when the time comes, staff will go <br />back to the BZA for an informational review of items on which work will continue from tonight’s <br />meeting. Following the BZA review and comments, the package would go to the Planning <br />Commission for a public hearing and its recommendation, and then on to the City Council. Vice <br />Chair Palma asked why the BZA doesn’t get to vote on zoning amendments. Planner Barros said <br />the BZA votes on CUPs and variances, whereas the Planning Commission votes on policy <br />matters and planned developments. Commissioner Rennie clarified that per State law, zone text <br />amendments go to a planning commission for a recommendation to the legislative body (e.g., city <br />council). As Vice Chair Palma acknowledged, not all jurisdictions have a separate BZA. <br />Chair Abero opened the session for public comment, giving each speaker up to three minutes. <br />Chris Crow, Sylvia Way, said this process needs to slow down. It’s too rushed and some things <br />are being circumvented and not necessarily streamlined. Mr. Crow said that most cities use <br />zoning codes to regulate entertainment activities, not police departments. The Bal Theatre <br />situation was resolved because it was covered by the Zoning Code, he noted, pointing out that the <br />City has lost in court on land-use decisions related to entertainment, assembly and wind turbines. <br />Dan Dillman, Williams Street, owns the BAL Theatre, said that taking power from the people, <br />from the boards and giving it to staff is not worthy of consideration. He said the Police <br />Department needs to focus on crime. He said you might get exercise from bowling, but bowling is <br />entertainment. Mr. Dillman also objected to anyone with even a misdemeanor on his or her record <br />not being allowed to apply for a permit. He also said it’s inappropriate to have the Community <br />Development Director serve as the ZEO. <br />David Johnson, San Leandro Chamber of Commerce CEO, said that he serves on the Board of <br />the Paramount Theatre of the Arts, which he said operates in an entertainment district that’s <br />geographically defined. He said the Paramount works in partnership with the Oakland Police <br />Department to ensure that activities and entertainment are safe for patrons, and he trusts that <br />whatever goes forward in San Leandro would respect that. <br />Exhibit E: Excerpt of Meeting Minutes for Planning Commission/BZA Joint Work Session, January 30 <br /> Page 6 of 9 <br />