4A Public Hearing 2014 0602 - Laserfiche WebLink

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Member Daly said he wants the City to keep posting notices because he reads them and believes a lot of other people do too. As for Entertainment Activities, he said if the system’s not broken, don’t fix it. It should stay in the Zoning Code, and if some problem emerges, maybe we can figure out how to address it within the existing framework. He would be cautious about eliminating downtown parking in high-density residential developments because some of those people would have cars and it would affect parking in the surrounding neighborhoods. He said while our long-range goal may be for everyone to ride a bike or take the bus, we have to understand the reality that not everyone’s personal habits will change. BZA Member Crawford commented that in his years working with former Mayor Jerry Brown on Live-Work facilities in Oakland, he said it became problematic in the Embarcadero corridor where tenants began suing the city because of the asbestos in their units. He agreed with Mr. Johnson that San Leandro should consult with Tom Dolan to ensure that the language in our Zoning Code is not vague and ambiguous and possibly leading to lawsuits. As for Entertainment Activities, Member Crawford said we’ve come too far now to add more restrictions and guidelines. If we want to be inviting to businesses, it makes no sense to set up more hoops for them to jump through. If there are problems, call the police, but don’t give the police the responsibility for entertainment. He said, too, that we must make sure that when we establish rules and regulations, they aren’t in conflict with those issued by the County, State or federal government. According to Member Crawford, it’s also important to keep posting hearing Notices, in part because they contribute to transparency on the part of the City. Commissioner Collier said she’s concerned that Administrative Review cuts out the possibility of BZA Members or Planning Commissioners discussing issues and projects, and also that applicants would prefer learning what needs to be changed about a proposal from their peers rather than from a single staff member. She described an Administrative Review experience in Oakland in which she – the property owner – was not even invited to the hearing and no notices were posted. She added that being cheaper and faster doesn’t make Administrative Review better. She also noted that while San Leandro has an excellent staff, we don’t know what that staff will be like 10 years from now. Commissioner Fitzsimons pointed out that San Leandro, for example, has a very good BZA, but one need not go far to the north to find one that does not work very well. In that case, Administrative Review is the better option, and such decisions can always be appealed. He said one element missing from the staff’s Administrative Review proposal regards noticing for projects undergoing Administrative Review, and recommended developing a liberal noticing policy, including renderings when appropriate. Commissioner Fitzsimons also commented on: • Floor Area Ratio: He wants to allow variances for FAR where appropriate and wants multiple parcels to be considered as part of equation to encourage more of the “campus- like” projects that tech companies favor. He noted that the Berkeley Municipal Code has language that addresses such parcel combinations. • Live-Work: He opposes Live-Work development in industrial districts, because residential and industrial uses are incompatible. Over time, residents prevail because they vote. • Community Gardens: This piece needs to be thought out more, particularly in terms of rules and regulations. • Mobile Food Vendors: We should require the same of Mobile Food Vendors that we do of restaurants. He said he doesn’t want to see the City’s restaurant stock fail. Exhibit E: Excerpt of Meeting Minutes for Planning Commission/BZA Joint Work Session, January 30 Page 8 of 9