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Board of Zoning Adjustments Regular Meeting Minute No. 2007-23 December 6, 2007 Page 11 of 16 when decided on a separate but equal basis. The Board had the right to decide this was discrimination and this was a reasonable location for this kind of use. • Member Daly asked if there was any case authority where assembly uses had been defined to include all of the areas that had just been mentioned. The courts have said the way this religious use was being treated was discriminatory compared to the way a previous use at the same location had been treated. The law he had been quoting was called RLUIPA. Fundamental principles were ignored in the way the Assembly Overlay District was adopted and it would be addressed. • Member Shields read the Conditional Use that concerned Assembly and Entertainment activity. With church services occurring every Sunday, he questioned how it could fall under Entertainment and Assembly use. Entertainment was allowed to happen on scheduled days three or more times during a calendar year, which would include the church. MDL had assembled in the building on this site. City Attorney Stuart clarified the difference between the Building Codes and the Zoning Codes. The City had recently adopted the 2007 International Building Code with certain modifications. Separate and apart from that was the Zoning Code, which was a separate document from the Building Code. The purpose of the Building Code was different from the purpose of the Zoning Code and two different functions were served. While they both had terms, such as, Assembly, Assembly Building, Assembly use, for the purpose of this hearing, the CUP application and what was being considered, the decision was whether this particular use fit within the San Leandro Zoning Code. The purpose of the Building Code was to provide guidance as to how buildings were built and certain standards were in place as to the occupation of certain buildings according to their use. The purpose of the Zoning Code was to establish some order in how the City was arranged and where uses were allowed in a particular city. In doing so, the Zoning Code included definitions of different types of uses to aide in determining which uses were appropriate for which zones. Chair Goldt opened the public hearing. Synthia Barajas, 432 Breed Avenue, did not agree with the appearance that the Board being "bullied in the name of Christianity." However, she encouraged the Board to allow this church to move out of the neighborhood. It was a nuisance and annoying, and she believed it had a detrimental effect on the surrounding businesses. Carolyn Reams, local resident and church member, stated that she was the first black employee with the City in 1971. San Leandro could not receive federal funds "because they were discriminating," so she was hired. She felt the church had been treated like trash and the members "were watching this and we're wondering what is going on." Jeanette Mosley, 21083 Gary Drive, Hayward, stated that she sold real estate in San Leandro. She was offended that Member Shields compared a gambler throwing the dice to these Christian people who were trying to live and service a community in good faith. She stated that it was a disservice to the City if this church did not stay in San Leandro. The church youth were positively involved in the community compared to other young people.