3A Public Hearing 2008 0219 Supplement

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not occur until these studies were concluded, circulated for the required review period, and certified or approved as adequate by appropriate City decision makers. Applicant Recommendation: You are being asked to vote for findings that are not true, and not supported. The Board has a right to insist that its Staff provide compelling reasons that the proposed use is actually incompatible with the light industrial uses on Catalina Court. You are also being asked to make a bad planning decision, prolonging the church at a dysfunctional location, and denying it a highly functional location. Your vote makes a difference because if the proposed denial is upheld, there will be no viable location within San Leandro for a substantial community of your citizens to worship. Freedom of expression as set forth in the First Amendment is our most basic American value, and if you don't stand up for that value now, it will be deeply impaired in San Leandro. Applicant's Proposed Findings: 1. On-site and available on -street parking are sufficient to provide for parking needs of the church, given that Sunday morning is the only time parking demand would exceed on-site parking. 2. Traffic impacts from the church are negligible compared to most permitted uses on the site. a. Traffic peaks occur on Sunday morning when industrial traffic is almost non- existent. b. Farallon Avenue has sufficient width and a middle left tum lane sufficient to safely handle access at Farallon Avenue and Catalina Court. Farallon Avenue connects to arterials with good access the freeway and major streets within San Leandro. 3. The church use is an assembly use which has use characteristics of the same nature as several uses permitted within the IP District, including entertainment activity and commercial recreation. Exclusion of the proposed church would 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. 4. The church use is consistent with the applicable provisions of the General Plan in that church uses are synergistic and compatible with light industrial uses. 5. Staff is asked to bring back appropriate documents consistent with these findings to allow the Board to consider approval of the proposed conditional use permit. ATTACHMENTS Vicinity Map Applicant Statement and supplemental information Recommended Findings of Fact Exhibit A — Site Plan (A1) Exhibit B — Proposed Floor Plans (A2) Aerial Photograph of Property BZA Staff Report December 6, 2007 PLN2007-00013 Page 10 of ll