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PLN2007-00013 2 February 19, 2008 Faith Fellowship Worship Center BACKGROUND • On May 19, 2006, the City received an application (PLN2006-00049) from Faith Fellowship requesting a Zoning Code amendment to conditionally permit Assembly Uses in the Industrial Limited (IL) zones, and to rezone the property at the corner of Catalina Street and Farallon Drive from Industrial Professional (IP) to Limited Industrial (IL) in order to set up the possibility of a use permit for an assembly use at the site. • The applicant purchased the property in January 2007. At that time, assembly uses were not allowable in the IP zone, or any other commercial or industrial zone in the City. On March 19, 2007, the City Council approved Zoning Code and Map amendments establishing an Assembly Use Overlay. The Assembly Use Overlay allows assembly uses with approval of a Conditional Use Permit. The City Council also approved application of the Assembly Use Overlay to 196 parcels in commercial and industrial zones, which were identified using 8 criteria developed by staff consistent with General Plan provisions and policies. The project site was not identified for the Assembly Use overlay designation. The Zoning Code and Map amendments became effective on May 1, 2007. • On April 12, 2007, Faith Fellowship's prior rezoning application was heard by the Planning Commission and the application was denied. On May 7, 2007, the matter was appealed to the City Council, where it was also denied. The findings for the denial stated that the property was inconsistent with the Assembly Use Overlay criteria, as the property was located within the West San Leandro General Plan Focus Area, and did not abut or lie within a quarter mile of an arterial to ensure adequacy of the street system to accommodate an assembly use. • On March 28, 2007, the City received an application from Faith Fellowship requesting a Conditional Use Permit (PLN2007-00013) to operate what the applicant characterizes as "entertainment activities — same church use" at the southeast corner of Catalina Street and Farallon Drive. The property is zoned IP Industrial Park. The applicant submitted a statement claiming that their use meets the San Leandro Zoning Code's definition of an "entertainment activity." • On December 6, 2007, the Board of Zoning Adjustments considered and denied Conditional Use Permit application PLN2007-00013. Proposal: • The subject property comprises three parcels totaling approximately 154,889 square feet, or 3.55 acres currently developed with a vacant industrial building. No exterior physical changes would occur with the proposed project.