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