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Noes: Ramos) to adopt a resolution denying CUP No. 2023-18. <br />P. On September 14, 2023, appellant Steven Lee with Anchor Stone Christian <br />Church, filed Appeal No. 2023-07. Pursuant to SAMC Section 41-645, the City <br />Council is authorized to review appeals of Planning Commission decisions ad <br />may, after holding a public hearing, affirm, revers, change, modify the original <br />decision and may make any additional determination it shall consider <br />appropriate within the limitation imposed by Chapter 41 of the SAMC. To <br />support the City's recommendation to deny the appeal application and uphold <br />the Planning Commission's denial of CUP No. 2023-18, the City prepared a <br />response to the comments contained within the appeal application, attached <br />as Exhibit 4 to the Request for Council Action (RFCA) staff report, dated <br />November 21, 2023. <br />Q. On November 21, 2023, the City Council held a duly noticed public hearing on <br />Appeal No. 2023-07 for CUP No. 2023-18. <br />R. The City Council determines that the following findings, which must be <br />established in order to grant CUP No. 2023-18 pursuant to SAMC Section 41- <br />638(a)(1), have not been established. Specifically, CUP Finding 5 of Section <br />41-638(a)(1)(v) that the proposed use will not adversely affect the general <br />plan of the city or any specific plan applicable to the area of the proposed <br />use. Therefore, the City Council affirms the Planning Commission's denial of <br />CUP-2023-18 finding: <br />1. That the proposed use will adversely affect the general plan of the city <br />or any specific plan applicable to the area of the proposed use. <br />The subject site has a General Plan land use designation of <br />Industrial/Flex-Medium (Flex-3), which is intended to provide <br />context -appropriate development in areas with existing industrial <br />uses. Industrial/Flex allows for clean industrial uses that do not <br />produce significant air pollutants, noise, or other nuisances <br />typically associated with industrial uses, including office - <br />industrial flex spaces, small-scale clean manufacturing, research <br />and development and multilevel corporate offices, commercial <br />retail, artist galleries, craft maker spaces, and live -work units. <br />Based on the land use designation, development policies and <br />allowable uses within the Flex-3 designation, the subject site is <br />not suitable for the operation of community assembly, nor does <br />it list community assembly -type uses as permissible under the <br />land use designation. Conversely, land use designations such as <br />General Commercial (GC) and its accompanying zoning districts <br />allow for "retail and service establishments; recreational, cultural, <br />and entertainment uses; business and professional offices; and <br />vocational schools," among which "recreational, cultural, and <br />entertainment uses" provide for community assembly such as <br />religious facilities. <br />Resolution No. 2023-XX <br />Page 3 of 8 <br />