3A Public Hearing 2008 0219 - Laserfiche WebLink

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According to the definition of "entertainment activities" quoted above, the listed activities may be permitted when they "occur ... on the site of any permitted or conditionally permitted use." However, the primary assembly -type use requested here is not a permitted, or conditionally permitted, use in the IP District, except on parcels that are covered by the AU overlay. The project site is in the IP District and does not have the AU overlay. The proposed use is an assembly use, which is not a permitted or conditionally permitted use in the IP District. A proposed assembly use may not be permitted simply because it may include some incidental activities that, if independently conducted, might qualify as "entertainment activities." The requested conditional use permit is, therefore, denied. VI The Uniform Building Code (now superceded by the International Building Code) sets building standards for occupants within a given structure. The Uniform Building Code provides standards for construction related to different types of occupancies. The zoning Code provides standards for appropriate land uses and separation of land uses, where necessary. In this instance, there is no relationship between what the Uniform Building Code refers to as an assembly use and what the Zoning Code refers to as an assembly use. Zoning Codes protect incompatible land uses from being located in close proximity to one another. VII The requested conditional use permit is also denied because proposed use does not meet Article 17, Off -Street Parking and Loading Regulations for an assembly use, which requires 1 parking space per 50 square feet of assembly space. According to staff's calculations, the amount of assembly space proposed for the site is 10,348 square feet for the main sanctuary. By applying the I space per 50 square feet ratio, the use would be required to provide 206 parking spaces to meet the City's parking standards. In contrast, this proposal would only 185 parking spaces. The applicant needs an additional 21 parking spaces to meet the City's parking standards. VIII Denial of the conditional use permit advances the City's compelling interest in safeguarding the health, safety and welfare of its residents, by maintaining adherence to the policies provided in the General Plan and the ordinances that constitute the City's Zoning Code. Specifically, General Plan Policy 7.09 states the following: West San Leandro Business District. Build upon the locational strengths and transportation features of West San Leandro to support the area's continued development as a major industrial, technology, and office employment center. In accordance with the West San Leandro Plan, limit the encroachment of incompatible residential and retail uses in to the area, and promote additional development and redevelopment with manufacturing, technology, warehouse and distribution, office/flex, and similar uses. Recommended Findings of Fact February 19, 2008 PLN2007-00013 Page 3 of 4