3A Public Hearing 2008 0219 Supplement

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from Industrial Professional (IP) to Limited Industrial (IL) in order to set up the possibility of a use permit for an assembly use at the site. The applicant purchased the property in January 2007. The Church elders asked guidance from City Staff in May 2006 and were told to apply for IL (Limited Industrial) zoning. The IL District has the same clauses relating to "entertainment activities" and "commercial recreation" that the IP District has, so it was a pointless application. After waiting over seven months for an answer, and not even getting a hearing on their re- zoning proposal, the Church was forced to close escrow or lose the deal in January 2007. At the time the applicant purchased the property, assembly uses were not allowable in the IP zone, or any other commercial or industrial zone in the City. On March 19, 2007, the City Council approved Zoning Code and Map amendments establishing an Assembly Use Overlay. The Assembly Use Overlay allows assembly uses with approval of a Conditional Use Permit. The City Council also approved application of the Assembly Use Overlay to 196 parcels in commercial and industrial zones, which were identified using 8 criteria developed by staff consistent with General Plan provisions and policies. The project site was not identified for the Assembly Use overlay designation. The Zoning Code and Map amendments became effective on May 1, 2007. On April 12, 2007, Faith Fellowship's rezoning application was heard by the Planning Commission and the application was denied. On May 7, 2007, the matter was appealed to the City Council, where it was also denied. The findings for the denial stated that the property was inconsistent with the AU Overlay District criteria, as the property was located within the West San Leandro General Plan Focus Area, and did not abut or lie within a quarter mile of an arterial to ensure adequacy of the street system to accommodate an assembly use. The project site meets 6 of the 8 Assembly Use criteria outright, and meets the substance of the remaining two criteria for Assembly Use designation. (See "Our Core Argument" under "traffic" and "study area"). On March 28, 2007, the City received an application from Faith Fellowship requesting a Conditional Use Permit (PLN#2007-00013) to operate what the applicant characterizes as "entertainment activities — same church use" at the project site. The applicant submitted a statement claiming that their use meets the San Leandro Zoning Code's definition of an "entertainment activity." DETAILS OF THE PROPOSAL The subject property comprises three parcels totaling approximately 154,889 square feet, or 3.55 acres currently developed with a vacant industrial building. No exterior physical changes would occur with the proposed project. The proposed uses would consist of a 10,348 square foot sanctuary and seating area where congregation members would assemble, a proposed 4,130 square foot youth ministry area, 4,077 square feet of classrooms, 2,386 square feet for a children's assembly area, a 1,761 square foot BZA Staff Report December 6, 2007 PLN2007-00013 Page 3 of 11