Additional Contributions

Below is additional information that has been researched by local residents (all links and references can be provided upon request):

Issue 1:

"Environmental Impact Report. If you go to 12. Land Use & Planning, you will find the following on page 12-3:

Neighborhood Commercial: This designation is intended for neighborhood commercial uses where there is a demand for neighborhood commercial services; a variety of compatible commercial uses can be concentrated; convenient automobile access, parking facilities and other improvements can be provided; or next or close to major transportation routes but not in long, continuous strips or isolated locations.

On page 12-4, you can see the NFO map, which designates 3821 Fair Oaks as "Neighborhood Commercial".

BACE is NOT "intended for neighborhood commercial uses where there is a demand for neighborhood commercial services" since BACE is a catering business and serves customers throughout the Bay Area."


Issue 2:


"I am also asking the Planning & Building folks for clarification on this regulation:

SECTION 6253.5. PERFORMANCE STANDARDS. 5. Trash and Debris. All trash, boxes, or similar debris shall be picked up daily and stored in refuse containers that are screened from public view.

Clearly, we can see all three refuse containers, which are not 'screened from public view.'"



Issue 3:



In reviewing the Zoning regulation for BACE, page 15.4 states "There shall be a rear yard of at least six (6) feet along the rear of every lot in a “C-1” District, which rear is bordering on property in any “R” District."

BACE is zoned as C-1 (note that in the zoning map, BACE is zoned C-1 / S-1; not C-1 / NFO), and the homes around it are zoned R-1 / S-73 (see zoning map).

If this is true then the building owner is not in compliance. 

SECTION 6252. YARDS REQUIRED.
(a) Front yards required: None.

(b) Side and rear yards required:

1. Every building or portion thereof which is designed, intended and/or used for any purpose permitted in any “R” District shall comply with the provisions of this Part as to side and rear yards which are required by any combined “S” District, provided that when the ground floor of any such building is used exclusively for any commercial purpose, no side or rear yard shall be required for said ground floor except as set forth in the following subparagraphs 2 and 3.

2. There shall be a side yard of at least three (3) feet along the side of every lot in a “C-1” District, which side is bordering on property in any “R” District.

3. There shall be a rear yard of at least six (6) feet along the rear of every lot in a “C-1” District, which rear is bordering on property in any “R” District.