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<br />by the Planning Commission is final (does not require concurrence by the City Council), and that <br />the denial may be appealed to the City Council. <br /> <br />Staff believes that denial of the requested rezone for the property does not place a substantial <br />burden on the religious exercise of the applicant, in that the applicant's existing site remains <br />available for assembly uses. Further, with the recent changes to the Zoning Code to establish an <br />Assembly Use Overlay district, 196 additional properties within the City will now be available <br />for consideration of a conditional use permit for assembly uses. The creation of the Assembly <br />Use Overlay creates added opportunities for assembly uses to locate, over what is currently <br />permitted. In addition, staff believes that denial of the rezone would advance the City's <br />compelling interest two-fold: in safeguarding the congregants from exposure to potentially <br />adverse health and safety impacts of surrounding industrial uses; and maintaining adherence to <br />the policies provided in the General Plan, which provided the basis for development of the <br />Assembly Use overlay criteria. <br /> <br />In recommending this denial, staff believes that there is no less restrictive means (i.e. no means <br />short of outright denial of the rezone) that would further the City's interest in safeguarding the <br />health and safety of the future congregants and the City's interests that led to formation of the <br />Assembly Use overlay. In support of this conclusion, it is anticipated that any future conditions <br />of approval that would be placed on a conditional use permit issued for the proposed assembly <br />use (last entitlement required if rezone is approved), would not effectively ensure the health and <br />safety of the congregants. For the formation of the Assembly Use overlay, the City cannot, by <br />some less restrictive alternative to denial, change the facts that make the property inconsistent <br />with the criteria formulated for establishment of the Assembly Use overlay designation. <br /> <br />If the Planning Commission can make findings for approval of the rezone, staff recommends that <br />the item be continued to the next scheduled Planning Commission meeting, to allow staff time to <br />prepare findings for approval. <br /> <br />ATTACHMENTS <br /> <br />Vicinity Map <br />Applicant's Supporting Statement <br />Recommended Findings for Denial <br />Correspondence <br /> <br />Planning Commission Staff Report <br />PLN2007-00049 Faith Fellowship Church-Assembly Use Rezone <br /> <br />Aprill2,2007 <br />Page 7 of7 <br />