3B Public Hearing 2007 0507 - Laserfiche WebLink

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CITY OF SAN LEANDRO STAFF REPORT APPROVED AND FORWARDED TO CITY COUNCIL ams DATE: May 7, 2007 TO: John Jermanis, City Manager FROM: Hanson Hom, Community Development Director BY: Debbie Pollart, Planning Manager tJP SUBJECT PROJECT/PROJECT DESCRIPTION: MATTER OF APPEAL BY INTERNATIONAL CHURCH FOURSQUARE GOSPEL, APPLICANT, OF THE DECISION OF THE PLANNING COMMISSION'S DENIAL OF PLN2006-00049; REZONE AND ZONING MAP AMENDMENT TO REZONE THE PROPERTIES IDENTIFIED AS 14600 AND 14850 CATALINA STREET FROM INDUSTRIAL PARK (IP) TO INDUSTRIAL PARK, ASSEMBLY USE OVERLAY (IP-AU). NO PHYSICAL CHANGES TO THE PROPERTIES ARE PROPOSED AS PART OF THIS ENTITLEMENT. THE PROJECT SITE IS LOCATED AT THE SOUTHEAST CORNER OF CATALINA STREET AND F ARALLON DRIVE AND IS COMPRISED OF THREE SEPARATE PARCELS; ASSESSOR'S PARCEL NUMBERS 80G-933-20, -21, AND -22-1; INTERNATIONAL CHURCH FOURSQUARE GOSPEL (PROPERTY OWNER AND APPLICANT). SUMMARY AND RECOMMENDATION On April 12, 2007, the Planning Commission denied a rezone of the properties in question to include the Assembly Use overlay (-AU). The project site is currently zoned Industrial Park (IP) and is not one of the sites recently rezoned to include the Assembly Use overlay. The applicant wishes to have the Assembly Use overlay applied to the property so that they could move their existing assembly facility from Manor Boulevard. With the Assembly Use overlay, the applicant could apply for the necessary Conditional Use Permit needed for assembly uses. Without the overlay, the property is not permitted, nor conditionally permitted for assembly uses. Based upon the General Plan policies and Zoning Code regulations that were the basis for the Assembly Use Overlay criteria, the fact that the City's industrial zones are designed to and do in fact accommodate materials and activities that pose at least a potential hazard to human populations and that such presence and the potential future presence of hazardous materials and activities in the vicinity of the project site and the intended assembly use, renders it inappropriate for rezoning with the Assembly Use Overlay, the Planning Commission and staff recommend that the City Council make a motion to uphold the denial of the rezone and deny the appeal.