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City of San Leandro Community Development Department Planning Services Division FINDINGS OF FACT FOR DENIAL OF PLN2006-00049 -14600 and 14850 Catalina Street International Church Foursquare Gospel (Applicant and Property Owner) The matter of the application of PLN2006-00049 was heard by the Planning Commission on Thursday, April 12, 2007, at a formal public hearing. After due consideration of all public testimony, the staff report, the San Leandro General Plan and the San Leandro Zoning Code, the Commission makes the following Findings of Fact, and determines that each ofthem is true. I The property located at 14600 and 14850 Catalina Street, Assessor's Parcel Numbers 80G-933- 20, -21, and 22-1, is in the Industrial Park (IP) District. II The subject property has an approximate area of 3.55 acres. It was formerly used as office headquarters for a data software company. III The applicant proposes to rezone the subject property from IP Industrial Park to IP(AU) Industrial Park, Assembly Use Overlay District, in order to apply for a conditional use permit for a proposed assembly use on the site. IV The proposed rezoning for inclusion in the Assembly Use Overlay is not consistent with the discussion in the City's General Plan on page 3-52, relating to appropriate industrial areas identified as being most-suitable for conversion to non-industrial uses. In addition, the project is not consistent with General Plan policies 7.09, 7.10, 10.04, 13.01, and 33.04, and Zoning Code Articles 1 and 7 which speak to industrial uses, all of which were utilized as the basis for criteria utilized in the formation of the Assembly Use Overlay District. V The property does not meet all of the criteria established for the Assembly Use Overlay. Specifically, the property is located within one of the identified General Plan Focus Areas; and the property does not abut or is not located within \.4 mile of an arterial. For the 196 properties identified to be rezoned with the Assembly Use Overlay, all eight criteria were met. PLN2006-00049 Findings for Denial Page 1 of2