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The RCA goes on to explain that mere absence of a use from the list of permitted uses <br />does not necessarily mean that the use should be prohibited in every instance. (Id., p. 2, ¶ <br />4.1.) But, in trying to substantiate this point, the planning d'ivision's use of cellular phone <br />stores not being on the list of permitted uses in a business district is very disingenuous and is <br />quite misleading. Indeed, the business district ordinances specifically list "[t]elevision , <br />radio, electronice• and repair" as a permitted use in a business district. Ord. § l 005.15 <br />(emphasis added). So, cellular phone stores (clearly involving the retailing of particular <br />electronic devices) are expressly permitted.8 <br />In the RCA, the planning division clearly acknowledges that, like a "metal foundry," <br />"urban agriculture" or "community garden" activities are nowhere to be found on the "most <br />restrictive" R 1 list of uses. Here, while out of one side of its mouth it tries to discredit the <br />Appellants' reference to the agricultural nature of the "community garden" activity, the <br />planning division out of the other side of its mouth acknowledges that the zoning codes <br />prohibit such activities in the R1 district by the absence of the use from the RI district list. <br />(Id., p. 2, ¶ 4.1.) The planning division furthermore agrees that the proposed activity - no <br />matter its label - is public in its nature.9 <br />(4) THE CITY OF ROSEVILLE ALREADY REGULATES "COMMUNITY GARDEN" <br />ACTIVITIES. <br />It is also disingenuous to argue that the "urban agriculture" or "community garden" <br />activity is an acti •ity that is consistent with the residential scheme; as the administrative <br />determination noted; when heretofore the City of Roseville has restricted such activities to <br />land zoned as Public Park and Open Space (POS).10 The Oasis Park community garden is <br />part of a large park and woodland area that abuts residential property. <br />a Regrettably, I believe that this is indicative of the level of examination that has gone into the <br />administrative determination. See RCA Attachment D, p. ] 6 (PDF p. 95)(May 13, 2010 email from Bryan <br />Lloyd to Kim Spear stating that: "The frank-but-oversimplified reality is that we looked at the plans and <br />the zoning code, shrugged our shoulders, and said that the zoning code doesn't regulate it."). But now the <br />planning division acknowledges that such a use can be prohibited due to the absence of the use from the <br />list of R1 District uses. (RCA, p. 2, ¶ 4.1.) <br />9 The RCA states: <br />Whether "community garden", "urban agriculture", or some other terminology is used to <br />describe the activity, the nature of the use remains the same. A community garden may <br />well be larger than a typical private, suburban garden, but it is nonetheless the activity of <br />a group of people who are exercising careful, intentional stewardship of a relatively small <br />area of lay d for their own enjoyment or for the charitable benefit of others in the <br />community.... <br />(RCA, p.3, ¶ 4.5)(emphasis added);(see also RCA, p. 6, ¶ 5.2(e))(acknowledging that community <br />gardening is "essentially-public activity."). <br />10 Any reference to the garden at the Greenhouse Village Condominiums is a red herring. The small <br />garden at Greenhouse Village (measuring approximately 30 x 60 feet) is a private garden. It has wood <br />fencing around three of its sides with the remaining open side exposed to the parking lot. It is tucked <br />away and is restricted only for the use of the condominium residents at Greenhouse Village. No members <br />of the public at large are able to use it. <br />4 <br />