3A Public Hearing 2008 0219 - Laserfiche WebLink

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PLN2007-00013 5 February 19, 2008 Faith Fellowship Worship Center 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 system s; 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. • The primary use of this facility is for religious assembly and other activities, including bible study and prayer meetings, choir rehearsal, food fellowship, meetings for individuals in recovery, single's meetings and special events. The noted musical, theatrical or dance uses proposed for the site appear not to be the primary uses proposed, but rather to be uses incidental to a primary use consisting of religious services and group meetings. Staff has determined that the services and meetings that would constitute the primary use of the site would 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." • "Entertainment activities" may be permitted in the IP zoning district with a CUP. However, the incidental musical, theatrical or dance activities requested in this application would not qualify as "entertainment activities" as defined in the San Leandro Zoning Ordinance. The Zoning Ordinance defines "entertainment activities" as uses that "occur... on the site of any permitted or conditionally permitted use." The incidental musical, theatrical and dance activities requested here would not meet that definition, since the primary use requested here, which meets the definition of "assembly use" in the Code, is not a permitted or conditionally permitted use in the IP zoning district, with or without a CUP. Accordingly, staff recommends that the application for a conditional use permit for the proposed use be denied. • If entertainment activity is being proposed as an accessory use, it is still not allowed. Accessory uses are only allowed combined with a permitted or conditionally permitted use, as provided for in Zoning Code Sections 2-708 A.1 and 2-708 B.1. There is no permitted primary use that the entertainment use can be attached to.