3A Public Hearing 2008 0219 Supplement

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In addition to three scheduled Sunday services at 8:15 a.m., 10:00 a.m. and 11:55 a.m., additional activities proposed by the applicant include weekly "food fellowship and bible study" sessions for approximately 400 attendees, other weekly meetings and bible study programs for women and intermediate, high school and college students, a weekly singles' group, child care for attendees, weekly choir rehearsals and other events. In the opinion of staff, the primary proposed use meets the San Leandro Zoning Code definition of "assembly use," which is not a permitted or conditionally permitted use in the IP District. Therefore, staff recommends that the Board of Zoning Adjustments make the necessary findings and deny application PLN2007-00013. The Uniform Building Code applicable in all California cities including San Leandro has a definition of "Assembly Building". "Assembly Building. A building or a portion o f "a building used for the gathering together of 'SO or more persons at one time, for such purposes as deliberation, education, worship, entertainment, amusement, drinking or dining, or waiting.fbr transportation." Uniform Building Code Section 203 A. What is the compelling reason that justifies a separate and unequal rule in the zoning code discriminating against a religious assembly use based upon the content of the speech occurring within the building? (See "Our Core Argument" attached.) APPLICANT'S SUPPORTING STATEMENT See attached Applicant Statement, with supplementary information on proposed Faith Fellowship Worship Center. RELATIONSHIP TO SURROUNDING AREA The subject property is located at the southeast corner of Catalina Street and Farallon Drive. It is currently developed with a 46,080 square -foot vacant industrial building on 154,889 square feet, or 3.55 acres, and is owned by the applicant, International Church of the Foursquare Gospel. The property is zoned Industrial Park (IP) and falls within the Marina Faire neighborhood. The property is also located within the West San Leandro General Plan Focus Area. The properties to the south and west are zoned IP Industrial Park and are developed with various types of industrial uses. To the north and east, on either side of Farallon Drive, the property is zoned IG, General Industrial, and are also developed with industrial warehouses. The closest residential land uses are located approximately 620 feet to the west, on the west side of Doolittle Drive. BACKGROUND On May 19, 2006, the City received an application (PLN#2006-00049) from Faith Fellowship requesting a Zoning Code amendment to conditionally permit Assembly Uses in the Industrial Limited (IL) zones, and to rezone the property at the corner of Catalina Street and Farallon Drive BZA Staff Report December 6, 2007 PLN2007-00013 Page 2 of ll