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APPROVED AND FORWARDED CITY OF SAN LEANDRO TO CITY COUNCIL STAFF REPORT DATE: October 1, 1996 TO: Wandzia Grycz, Interim City Manager FROM: June Catalano, Development Services Director BY: Norm Weisbrod, Associate Planner SUBJECT: Appeal Ruling of Development Services Director, former Bal Theater, 14808 East 14th Street. This item is an appeal of an administrative decision denying the use of the former Bal Theater by the Universal Church of the Kingdom of God; appellant: Paul Martin et al; Property Owner SUMMARY AND RECOMMENDATION Planning Commission Vote: The motion was made by Commissioner Collier and carried as follows: (3 ayes) (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. The Director of Development Services has denied the reuse of the former Bal Theater by the Universal Church of the Kingdom of God because a church is not a permitted use in the Community Commercial Zoning District. The owners of the property appealed the administrative decision to the Planning Commission. The Commission considered the matter at its meetings of June 13, June 27 and August 8, 1996. At the August 8th meeting, the Commission upheld the Development Services Director's denial of the use of the former Bal theater by the Universal Church of the Kingdom of God. The property owners, Paul Martin et al., have appealed the Commission's action to the City Council. Even though this is not a public hearing, post cards have been sent to all property owners within 300 feet of the Bal Theater site, informing them of the appeal before the City Council. 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 by a church.