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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- PAGE C> • RECEIVED NOV 21. 1990 DUBLIN PLANNING i, ' its .1. J \ 1 1 EXHIBtT 11f.'r�' o r--r ■:t I G r§ �Iv 19/e • • • CORRIDOR r-1 1 0 rn QX - p Es ri; '- -{ $ z {{j . p n iiti 1 rri 611 140, VI • 1•14. E82@ o �zo � - 1� (n u: --IK � � I EXHIBITA PAttE LeFS PAGE �OF.fL ONIN d1d Nnun® 0661. T g AON .03A130311 E 1 . 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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 - 2 - PAGE 16 OF DLL .lI ILL I .111 • \ IIIInI in CITY OF DUBLIN CAI If/11IpIA PA( PARED n SANTINA & E,�^ 1 THOMPSON 1sc. . IA.R w L... w. ( ....I. 4 RZCZELT 5 ITE A PART OF TI IC ZONING MAP TI If: CITY 'OP• • DUBLIN ATTACHMJ1Jat