3A Public Hearing 2008 0219 Supplement

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Virtually all better planned cities, including Fremont, Pleasanton, Dublin, Livermore, and Concord have allowed churches in light industrial areas. The synergistic benefits extend beyond shared parking, and include off peak uses that provide eyes on the street when industrial areas are abandoned, off peak traffic use, and human amenities typically associated with church activities. STAFF ANALYSIS Conditional Use Permit The subject property is located within an area that is zoned Industrial Park (IP). The zoning code regulations applicable to the IP District allow "entertainment activities," subject to a conditional use permit, but do not allow "assembly use," either with or without a conditional use permit. The applicant proposes that their religious worship center meets the definition of an "entertainment activity." The San Leandro Zoning Code defines "entertainment activities" as: " ... [T]he following activities where they occur on a scheduled basis (3) or more days during a calendar year on the site of any permitted or conditionally permitted use, excluding activities for the non-profit, charitable or educational proposes (sic) of public or private institutional uses 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 systems; 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. However, any such 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." BZA Staff Report December 6, 2007 PLN2007-00013 Page 5 of 11