HomeMy WebLinkAboutItem 8.4 PA 90-119 Latter Day Saints Church CUP RenewalTO:
FROM:
PREPARED BY:
SUBJECT:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: January 22, 1991
Planning Commission
Planning Staff
David K. Choy, Associate Planner
GENERAL INFORMATION:
PROJECT:
APPLICANT/
REPRESENTATIVE:
PROPERTY OWNER:
LOCATION:
ASSESSOR PARCEL:
PARCEL SIZE:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING
AND LAND USE:
SURROUNDING LAND
USE AND ZONING:
PA 90-119 Latter Day Saints Church
Conditional Use Permit renewal request at
8203 Village Parkway
Conditional Use Permit request to allow the
continued operation of a 1,740 square foot
classroom facility at the northeast corner of
the existing Church of Jesus Christ of Latter
Day Saints.
Jack A. Baxter
231 Market Place, Suite 301
San Ramon, CA 94583
Corporation of the Presiding Bishop of the
Church of Jesus Christ of Latter Day Saints,
A Utah Corp. Sole
61 E. North Temple Street
Salt Lake City, Utah 84150
8203 Village Parkway
941-190-1-3
3.03 acres
Public/Semi-Public Facility
R-S-D-25, Suburban Residential,
Combining District/Church of Jesus Christ of
Latter Day Saints
North: C-O, Administrative Office
ITEM NO. g•LI
COPIES TO: Applicant
Owner
Address File
PAGE., OF 1. L...,,
ZONING HISTORY:
C-2886:
PA 85-003:
South: R-1-B-E, Single Family
Residential/Dublin High School
East: PD, Planned Development, Single
Family Residential
West: R-1-B-E, Single Family Residential
On November 13, 1974, the Alameda County Zoning
Administrator approved a Conditional Use Permit to
construct and operate a church in the R-S-D-25
District at 8203 Village Parkway.
On March 18, 1985, the Dublin Planning Commission
approved a Conditional Use Permit and Site
Development Review for a 1,740 square foot
classroom addition for the existing Latter Day
Saints Church at 8203 Village Parkway. This
Conditional Use Permit expired on March 18, 1990.
APPLICABLE REGULATIONS:
Section 8-94.0 states that conditional uses must be analyzed
to determine 1) whether or not the use is required by the public
need; 2) whether or not the use will be properly related to other
land uses, transportation and service facilities in the vicinity;
3) whether or not the use will materially affect the health or
safety of persons residing or working in the vicinity; and 4)
whether or not the use will be contrary to the specific intent
clauses or performance standards established for the district in
which it is located.
ENVIRONMENTAL REVIEW: This project has been found to be
Categorically Exempt from CEQA under Section 15301, Class 1 of
the California Environmental Quality Act guidelines.
NOTIFICATION: Public Notice of the January 22, 1991 hearing was
published in the local newspaper, mailed to adjacent property
owners, and posted in public buildings.
ANALYSIS:
The Applicant is requesting approval of a Conditional Use
Permit to allow the continued operation of a 1,740 square foot
classroom facility at the northeast corner of the existing Church
of Jesus Christ of Latter Day Saints facility, located at
8203 Village Parkway.
The classroom facility, consisting of eight classrooms and a
library, was approved for religious purposes and private study.
The Applicant has indicated that the classroom facility will
continue to operate as originally approved, with functions
occurring almost every weeknight except Monday. Classes are also
-2-
PAGE
held throughout the day on Saturday and Sunday. Since the
building was approved for occupancy on December 16, 1986, neither
the Zoning Investigator or the Police Department have record of
any complaints or violations regarding the additional classroom
facility.
The classroom facility is in compliance with all applicable
regulations of the Zoning Ordinance and the General Plan. This
project has been reviewed by other City departments and affected
agencies and no comments/concerns were stated or additional
conditions required. Staff recommends approval of the
Applicant's request for a Conditional Use Permit, subject to the
conditions listed in the draft resolution, Exhibit B.
RECOMMENDATIONS:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt resolution relating to PA 90-119, or give
Staff and Applicant direction and continue the
matter.
ACTION: Staff recommends that the Planning Commission adopt the
draft resolution approving PA 90-119, Latter Day Saints
Church Conditional Use Permit to allow continued use of
the existing classroom facility (Exhibit B).
ATTACHMENTS:
Exhibit A:
Exhibit B:
Project Plans
Draft Resolution for Conditional Use Permit
Backaround Attachments:
Attachment 1: Location Map
-3-
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NOV 21. 1990
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RESOLUTION NO. 91 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 90-119 CONDITIONAL USE PERMIT
FOR THE LATTER DAY SAINTS CHURCH TO ALLOW CONTINUED OPERATION
OF A 1,740 SQUARE FOOT CLASSROOM FACILITY AT 8203 VILLAGE PARKWAY
WHEREAS, Jack A. Baxter, representing Latter Day Saints Church
filed an application for a Conditional Use Permit to allow continued
operation of a 1,740 square foot classroom facility at 8203 Village
Parkway; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on January 22, 1991; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was
found to be categorically exempt under Section 15301, Class 1 ; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. The classroom facility will serve a public need by providing
space for religious activities and private study;
B. The use will be properly related to other land uses and
transportation and service facilities in the vicinity, as
daytime and early evening activities will be commensurate
with present use of properties (residential, administrative
office and public high school) in the neighborhood.
C. The use, under all circumstances and conditions of this
particular case, will not materially adversely affect the
health or safety of persons residing or working in the
vicinity, or be materially detrimental to the public welfare
or injurious to property or improvements in the
neighborhood, as all applicable regulations will be met.
D. The use will not be contrary to the specific intent clauses
or performance standards established for the district in
which it is to be located, as a classroom and church with
limited impacts is consistent with the character of the
residential district.
E. The use is consistent with the policies in the Dublin
General Plan.
EXHIBIL5
PAGE 9a1
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 90-119 as generally depicted by
materials labeled Exhibit A, on file with the Dublin Planning
Department, subject to the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied
with prior to the issuance of buildina permits or establishment of
use, and shall be subject to Planning Department review and approval.
1. This approval is for the continued operation of a 1,740
square foot classroom facility at the northeast corner of
the existing Church of Jesus Christ of Latter Day Saints.
2. The classroom shall be used only for religious purposes or
private study and not as an elementary classroom.
3. The existing landscape areas shall be properly maintained in
a viable and well kept manner.
4. The Applicant shall be responsible for clean up and disposal
of project related trash to maintain a clean and litter -free
site.
5. No loudspeakers or amplified music shall be permitted
outside the enclosed building.
6. On an annual basis, the Conditional Use Permit shall be
subject to Zoning Investigator review and determination as
to the compliance with the conditions of approval.
7. This approval shall become null and void, in the event the
approved use ceases to operate for a continuous period of
one year.
8. This permit shall be revocable for cause in accordance with
Section 8-90.3 of the Dublin Zoning Ordinance. Any
violation of the terms of conditions of this permit shall be
subject to citation.
PASSED, APPROVED AND ADOPTED this 22nd day of January, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
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