3A Public Hearing 2008 0219 Supplement

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According to the definition of "entertainment activities" quoted above, the listed activities may be permitted when they "occur ... on the site of any permitted or conditionally permitted use." However, the primary assembly -type use requested here is not a permitted, or conditionally permitted, use in the IP District, except on parcels that are covered by the AU overlay. The project site is in the IP District and does not have the AU overlay. Therefore, any proposed "entertainment activities" cannot be permitted as "occurring on the site of a permitted or conditionally permitted use." Accordingly, staff recommends that the application for a conditional use permit for the proposed use be denied. The definition of "Entertainment", and the Staff analysis above, assume that "separate but equal" treatment of religious assembly is lawful, and that San Leandro is not subject to the U.S. Code. and the First Amendment. In fact, it is unlawful for a "government to impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution" 42 U.S. C. Section 2000cc(b)(1). (discussed further in "Our Core Argument". Parking Code Deficiencies: Parking requirements for assembly uses, per Zoning Code Article 17, are 1 space for 50 square feet of assembly use. The applicant is proposing 185 spaces only. It is staff's position that the use of the existing industrial building for an assembly use would far exceed the amount of parking proposed. The proposed use does not meet Article 17, Off -Street Parking and Loading Regulations for an assembly use, which requires 1 parking space per 50 square feet of assembly space. According to staff's calculations, the amount of assembly space proposed for the site is 10,348 square feet for the main sanctuary, 4,130 square feet for the youth ministry area, 2,386 square feet for the children's assembly area and 1,761 square feet for the lounge for a total of 18,625 square feet of assembly area. By applying the 1 space per 50 square feet ratio, the use would be required to provide 373 parking spaces to meet the City's parking standards. In contrast, this proposal would only provide fifty (50) percent of the required parking, thereby creating potentially significant parking impacts to surrounding land uses in the project vicinity. (Refuted earlier.) Traffic Impacts According to the trip generation rates provided by the Institute of Transportation Engineers (ITE), the amount of traffic generated by the proposed assembly use would be potentially significant. For instance, on Sundays, the average volume of vehicular trips generated would be 1,688 ADTs. During peak periods, there would be an average of 542 cars traveling to and from the proposed use, per hour, on Sundays. During the weekdays, when traffic generated to and from the proposed use is expected to be lower in volume, as most church services and activities are occurring on the week -ends, there would still be approximately 419 ADTs generated by the proposed assembly use. BZA Staff Report December 6, 2007 PLN2007-00013 Page 6 of 11