3B Public Hearing 2007 0507
Packet 2007 0507
3B Public Hearing 2007 0507
5/4/2007 11:12:22 AM
5/4/2007 9:43:45 AM
CM City Clerk-City Council
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_CC Agenda 2007 0507
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\City Clerk\City Council\Minute Orders\2007
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<br />Appeal of the Planning Commission Denial <br />PLN2006-00049 <br /> <br />2 <br /> <br />May 7,2007 <br /> <br />BACKGROUND <br /> <br />. The subject property is located at the southeast comer of Catalina Street and Farallon Drive, <br />and encompasses an area of approximately 3.5 acres. It contains an existing 46,080 square <br />foot office building (former headquarters for MDL) and approximately 180 parking spaces. <br /> <br />. The appellant recently purchased the property. On May 18, 2006, staff received an <br />application from FFC requesting a Zoning Code amendment to conditionally permit <br />Assembly uses in Industrial Limited (IL) zones, and to rezone their property from Industrial <br />Professional (IP) to IL (thus setting up the possibility for review of a use permit for an <br />assembly use at the 14600 Catalina site). <br /> <br />. Currently, the Zoning Code conditionally permits Religious Assembly uses in R districts, and <br />Faith Fellowship's current location at 577 Manor is zoned RS (PD), Residential Single- <br />Family, Planned Development Overlay District. Faith Fellowship Church (FFC) is the <br />constituent congregation of the parent church and formal applicant/appellant, International <br />Church Foursquare Gospel. <br /> <br />. A joint work session with the Board of Zoning Adjustments and Planning Commission was <br />held on October 19. Based upon policy and criteria set forth in the General Plan, staff <br />presented two options for consideration: 1) Amend the Zoning Code to allow Assembly Uses <br />as conditionally permitted in the IL zone; and 2) Apply an Assembly Use Overlay to <br />identified areas. The direction given by the Board and Commission was for staff to move <br />forward with consideration of Option 2. Subsequent to the joint work session, this option was <br />presented to several advisory committees, including the West San Leandro/MacArthur <br />Boulevard Redevelopment Area Advisory Committee, the Chamber of Commerce <br />Government Affairs Committee, and the Joint Redevelopment Area Advisory Committee. At <br />the December 7, 2006 Board of Zoning Adjustments meeting, the refined proposal for an <br />Assembly Use Overlay was presented to the Board for comment. On February 22, 2007 the <br />Planning Commission recommended approval of the proposed Zoning Code and Map <br />amendments. On March 19, the City Council approved Zoning Code and Map amendments <br />related to formation of an Assembly Use Overlay, and rezoned 196 properties (in commercial <br />and industrial districts) that met the Overlay criteria with the Assembly Use (-AU) overlay. <br />These changed will become effective May 1. <br /> <br />. On April 12, 2007, the Planning Commission conducted a public hearing and heard this matter. <br />After closing the public hearing the majority of the Commission discussed that although they <br />felt empathy for the appellant and their existing situation, they could not support the requested <br />rezone because it would be in conflict with the policies of the General Plan. One Commissioner <br />was in support of the rezone and felt that there would yield economic benefits for the <br />commercial businesses in the area. The Commission denied the application with a 4:1 vote <br />based on the recommended Findings for Denial. Draft minutes from that meeting are attached. <br /> <br />. The appellant's statement for reasons for consideration of the appeal include that their <br />application is consistent with the General Plan, is good planning, and the purposes of the <br />
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