3A Public Hearing 2008 0219 - Laserfiche WebLink

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numerous group meetings, rehearsals, and bible study sessions on evenings throughout the week, with these sessions expected to attract groups ranging in number between 15 and 65 people, with a weekly "Food Fellowship" event estimated to attract 400 persons. The proposed use is an assembly use, which is not permitted or conditionally permitted in the IP District, and explained in greater detail in finding V below. V The proposed use is an assembly use, which is not a permitted or conditionally permitted use in the IP District pursuant to the City's Zoning Code, Section 2-708. The Zoning Code regulations applicable to the IP District allow "entertainment activities," subject to a conditional use permit, but do not allow "assembly use," with or without a conditional use permit. The applicant proposed that their religious worship center meets the definition of an "entertainment activity." However, the San Leandro Zoning Code defines "entertainment activities" as: " ... [T]he following activities where they occur on a scheduled basis (3) or more days during a calendar year on the site of any permitted or conditionally permitted use, excluding activities for the non-profit, charitable or educational proposes (sic) of public or private institutional uses A. A musical, theatrical, wrestling, dance recital, cabaret, or comedy act performed by one (1) or more persons, regardless of whether performers are compensated; B. Any form of dancing by patrons or guests at a business establishment not otherwise regulated as either a "Dance Hall" or an "Instruction and Improvement Services" use classification; C. A fashion show, except when conducted within an enclosed building used primarily for the manufacture or sale of clothing; D. Any form of recorded entertainment using amplified recorded music, such as karaoke systems; E. Televised events, with such features as "big screen" projection systems." The applicant asserts that the proposed use qualifies as an "entertainment activity," apparently on the grounds that some or all of its religious assemblies will include a musical, theatrical or dance component. However, the primary use consists of religious services and group meetings. Any musical, theatrical or dance uses proposed for the site are incidental to these primary uses. Staff has determined and this Board agrees that the services and meetings that constitute the primary use of the site meet the Zoning Code's definition of an "assembly use." "Assembly use" is defined in the San Leandro Zoning Code as: "Meeting, recreational, social facilities of a private or non-profit organization primarily for use by member of guests, or facilities for religious worship and incidental religious education (but not including schools as defined in this section). This classification includes union halls, social clubs, fraternal organizations, and youth centers." Recommended Findings of Fact February 19, 2008 PLN2007-00013 Page 2 of 4