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CITY OF SAN LEANDRO STAFF REPORT DATE: January 14, 1997 TO: Wandzia Grycz, Interim City Manager , p FROM: June Catalano, Development Services Director BY: Norm Weisbrod, Associate Planner APPROVED AND FORWARDED TO CITY COUNCIL SUBJECT: Continuation of the Appeal by Paul Martin et. al. Regarding the Bal Theater SUMMARY AND RECOMMENDATION This matter has been continued from time to time to allow the City to negotiate with the property owner on alternative uses of the building. The property owner and the City have not been successful in that regard. Staff recommends that the City Council uphold the action of the Planning Commission in denying the appeal and upholding the Development Services Director's denial of the use of the property as a church. Planning Commission Vote: 777 The motion was made by Commissioner Collier and carried as follows: (3ayes) (2 noes)(1 abstain)(1 absent) to uphold the ruling of the Development Services Director's denial of the use of the former Bal Theater by the Universal Church of the Kingdom of God. BACKGROUND The Universal Church of the Kingdom of God applied for a business license and zoning approval to use the Bal Theater as the Universal Church. of the Kingdom of God. Staff determined that the use was a religious institution which is not permitted in commercial districts, they were told to cease and desist, which they did immediately. They appealed the administrative decision to the Planning Commission. At its August 8, 1996 meeting, the Commission considered the matter and upheld the Development Services Director's denial of the use of the Bal Theater by the church. The owners of the Bal Theater appealed the action of the Commission to the City Council. 139