3A Public Hearing 2008 0219 - Laserfiche WebLink

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General Plan Policy 10.04 states the following: Industrial Sanctuary. Protect the City's major industrial areas from encroachment by uses that are potentially incompatible with existing viable industrial activities, or which may inhibit the ability of industry to operate effectively. General Plan Policy 13.01 states the following: Decision -Making. Ensure that future land use and development decisions are in balance with the capacity of the City's transportation system. Each of these General Plan policies identifies the importance of a cohesive, functioning industrial district in the City of San Leandro. They also recognize the disruption that incompatible land uses could cause in the continued effectiveness of San Leandro's industrial base. Denial of the conditional use permit is consistent with limiting the encroachment of incompatible uses in the industrial area. KI Denial of the requested conditional use permit for the property does not place a substantial burden on the religious exercise of the applicant, in that the applicant's Manor Boulevard site remains available for assembly uses. Further, with the recent changes to the Zoning Code to establish an Assembly Use Overlay district, 196 additional properties within the City will now be available for consideration of a conditional use permit (CUP) for assembly uses. These 196 parcels are in addition to prospective for obtaining a CUP for a religious facility within the City's residential zone. The creation of the Assembly Use Overlay creates added opportunities for assembly uses to locate in commercial and industrially zoned areas. X If the City Council denies the application, the matter is statutorily exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines, Article 18, Statutory Exemptions, Section 15270, "Projects Which Are Disapproved." That guideline provides that CEQA does not apply to projects which a public agency rejects or disapproves. XI In summary, the findings required for approval of the conditional use permit cannot be made for this proposal. The primary proposed assembly use is not a permitted or conditionally permitted use in the IP District and would also not be compatible with existing, adjacent industrial development in the immediate vicinity and does not meet the requirements of Article 17, Ofd Street Parking and Loading Regulations. Recommended Findings of Fact February 19, 2008 PLN2007-00013 Page 4 of 4