HomeMy WebLinkAboutItem 8.1 PA 91-012 Lighthouse Bible Book StoreTO:
FROM:
PREPARED BY:
SUBJECT:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: March 18, 1991
Planning Commission
Planning Staff 0.0
Victor Mettle, Project Planner
PA 91-012 Lighthouse Bible Book Store
Conditional Use Permit
GENERAL INFORMATION:
PROJECT:
APPLICANT:
PROPERTY OWNER:
LOCATION:
ASSESSOR PARCEL:
PARCEL SIZE:
GENERAL PLAN
DESIGNATION:
DOWNTOWN SPECIFIC
PLAN DESIGNATION:
EXISTING ZONING
AND LAND USE:
Conditional Use Permit request to allow the
operation of a book store in a C-1 zoning
district at 7140 Amador Plaza Road.
Sandra Hill & Kerry Crider
Lighthouse Bible Book Store
7140 Amador Plaza Road
Dublin, CA 94568
Dublin Associates
c/o T D C
2377 Crenshaw Boulevard #300
Torrance, CA 90501
Dublin Associates
950 Tower Lane, Suite 120
Foster City, CA 94404
7140 Amador Plaza Road
941-305-30
11.97± acres
Retail/Office
Development Zone 7,
Central Block East Mixed Use
C-1, Retail Business District
Commercial Retail Shopping Center
ITEM NO. S • A
COPIES TO: Applicants
Owners
Address File
PAGE _1_.. OF l
SURROUNDING LAND
USE AND ZONING:
ZONING HISTORY:
C-3344:
PA 83-031:
PA 83-058:
PA 84-032:
PA 84-052:
PA 85-025:
PA 86-038:
North: C-1, Retail Business District
Retail Shopping Center
South: C-1, Retail Business District
Retail Shopping Center
East: C-1, Retail Business District
Retail, Theater and Restaurant
West: C-1, Retail Business District
Shopping Center, Office/Bank
On March 15, 1978, the Zoning Administrator of
Alameda County approved a Conditional Use Permit
for Dublin Associates to construct and operate a
bank with drive -through lanes; theater;
racquetball court; gasoline retail sales; exterior
display of plant materials; sales and installation
of automobile parts and accessories in a C-1
District on Assessor's Parcel No. 941-305-12
(portion of which is now 941-305-30).
On June 24, 1983, the Planning Director approved a
Sign Program for Dublin Place Shopping Center.
On September 29, 1983, the Planning Director
approved an Administrative Conditional Use Permit
for a two-day Dublin Place Merchants Association
Festival in the parking lot of the shopping
center.
On June 4, 1984, the Planning Director approved an
Administrative Conditional Use Permit for a two-
day Western Day Community Faire in the parking lot
of the shopping center.
Between September 14, 1984 and August 29, 1986,
the Planning Director approved three
Administrative Conditional Use Permits for two-day
Dublin Founder's Week Celebration/Community Art
and Craft Fair (PA 84-052, PA 85-079 and
PA 86-088) in the parking lot of the shopping
center.
On March 28, 1985, the Planning Director approved
an Administrative Conditional Use Permit for a 14-
day go-cart race track for Gad -About -Go -Carts in
the parking lot of the shopping center.
On May 9, 1986, the Planning Director approved a
three-day circus in the parking lot of the
shopping center for Circus Vargas.
-2-
PAGE
PA 87-046:
PA 87-136:
On April 23, 1987, the Planning Director approved
an Administrative Conditional Use Permit for a
five-day carnival for New Vista Christian Schools
in the parking lot of the shopping center.
On October 8, 1987, the Planning Director approved
an Administrative Conditional Use Permit for a
five-day carnival for New Vista Christian Schools
in the parking lot of the shopping center.
APPLICABLE REGULATIONS:
Section 8-48.1 permits retail uses, except bookstore in a
C-1 District.
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 March 18, 1991 hearing was
published in the local newspaper, mailed to adjacent property
owners, and posted in public buildings.
BACKGROUND:
During the review of a zoning complaint not related to the
proposed use, the Zoning Investigator determined that the
Applicant was operating a book store in a C-1 District without an
approved Conditional Use Permit. The Applicant has been
operating the book store at 7140 Amador Plaza Road without an
approved Conditional Use Permit since March 13, 1989.
On January 11, 1991, the Zoning Investigator advised the
Applicant to obtain a business license as required by Ordinance
No. 10-90. The Zoning Investigator issued a warning notice to
the Applicant to submit an application for a Conditional Use
Permit to the Planning Department by January 22, 1991 (Attachment
3). Subsequently, the Applicant asked for an extension of the
January 22nd deadline to enable them to gather all required
submittal documentation. The Zoning Investigator extended the
deadline to February 1, 1991. On January 31, 1991, the Applicant
submitted a complete application for a Conditional Use Permit.
-3-
PAGE OF �2.
The Applicant indicated that prior to receiving the warning
notice they were not aware that a Conditional Use Permit was
required to operate a book store in a C-1, Retail Business
District.
In the past, Staff and the Planning Commission have
interpreted Section 8-48.1 to mean that a Conditional Use Permit
is required for a bookstore in a C-1 District. The Planning
Commission has approved two Conditional Use Permits (PA 84-047
and PA 89-128) for Crown Books, located at 7904 Dublin Boulevard,
on September 4, 1984 and December 18, 1989 respectively. Both
Crown Books and Lighthouse Bible Book Store are located in the
same C-1 zoning district.
ANALYSIS:
The Applicant is requesting approval of a Conditional Use
Permit to operate a bookstore at 7140 Amador Plaza Road.
Staff interprets Section 8-48.1 to mean that a Conditional
Use Permit must be obtained to operate a book store in a C-1
District. The intent of this requirement is to regulate and
control the establishment of various types of book stores which
may be incompatible with the commercial uses of the zoning
district.
The Applicant offers a wide selection of Christian -related
books, Bibles, recorded music, greeting cards, videos and church
supplies.
The store is open six days a week (Monday through Saturday)
and the hours of operation are from 9:30 a.m. to 5:30 p.m.,
except during the Christmas season when the store may remain open
until 8:30 p.m. on Thursdays.
The use is not anticipated to create any problems for the
existing commercial tenants in the shopping center and is
compatible with the other uses in the vicinity. Moreover, as a
specialty store, the use supports the character of the vicinity
as set forth in the Downtown Specific Plan.
Since March 13, 1989, Lighthouse Bible Book Store has
operated this book store without any complaints received by the
City. The Applicant's proposal has been reviewed by the
applicable public agencies. Conditions of approval have been
included in the draft resolution.
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-
PAGE
OF
4) Close public hearing and deliberate.
5) Adopt resolution (Exhibit B) approving PA 91-012,
Lighthouse Bible Book Store Conditional Use Permit
to allow the operation of a book store at 7140
Amador Plaza Road, or give Staff and Applicant
direction and continue the matter.
ACTION: Staff recommends the Planning Commission adopt the
attached resolution (Exhibit B) approving Conditional
Use Permit application PA 91-012 for Lighthouse Bible
Book Store at 7140 Amador Plaza Road.
ATTACHMENTS:
Exhibit A: Site Plan and Store Layout
Exhibit B: Resolution approving Conditional Use Permit
PA 91-012
Background Attachments:
Attachment 1: Location/Zoning Map
Attachment 2: Applicant's Written Statement
Attachment 3: City of Dublin Warning Notice to Applicant to
apply for a Conditional Use Permit
-5-
PAGE OF
DUBLIN PLACE
L
Dublin Boulevard
Montgomery
Ward
TBA
Sanwa
Bank
6,720sf
IOU 7060
6956 6972 6980 6988
6940 6948 6954
Parking
Detailed Section
Toys 'R Us
Montgomery
Ward
131,488sf
Parking
Amaa0/ P1azz R°ad
7132
7148 1,500 sq. iL
7156
7164
4- PA91—Dia
-we) AMftaaR PMZ,%
7196
7172 7180 7188 1,950..
sq. ft.
r
•
Not a
?aq
Target
111,413 sf
Parking
Amador Valley Road
RE0E1'1ED
JigN 311991
r`uBLUN PLANNING
Airport
Appliance General Cinemas
5,118sf 17,000J
Carrow's Well Pet Slaffords
5,170s1 3,608sf 6,800sf
°C341 XHIBIT
El Tonto PAGE `� OF r CCope!and's Page I ac
7.434sf LL'� 3.584d
•
- . •
- --r
4ze. Shirk
DiSpla,5
ResR.L•e,rrx
(1-)
(
51-Kratjc_. tA.b5e.k..
5Cm.knc1.
&corn
biptai
cYL
\ EL55 14-c
5plois
b p Lo,•1
rabl
,L5
ocK 51n f;
ttnild_re C-o
r 1
12:c;cV(
SVAlvc.s
ez,zys.
cs
•
t
RECEIVED
JAN ;.2:1. 1991
VO- ci I --O I -2--
DUBLIN PLANNING
fre.n4 boo r
1
Card.,
C:•;splekki
9 144 C&)5ptc
fbc,0K Sk el %.)
c,„,k
\ 5 ei cr
IJ
&hie
• -
S i-LLay•
ac 01<c:
Pt 0-g tie
EXHIbt
PAGE 7 u J-
cL5
-1
r
C.
1
RESOLUTION NO. 91 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 91-012 LIGHTHOUSE BIBLE BOOK STORE
TO ALLOW THE OPERATION OF A BOOK STORE IN A C-1 DISTRICT
AT 7140 AMADOR PLAZA ROAD
WHEREAS, Sandra Hill and Kerry Crider, representing Lighthouse
Bible Book Store, filed an application for a Conditional Use Permit to
allow the operation of a book store in a C-1 zoning district at
7140 Amador Plaza Road; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on March 18, 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 proposed project will serve a public need by providing a
location in Dublin for the general public to purchase
Christian -related books and items and church supplies.
B. The use will be properly related to other land uses and
transportation and service facilities in the vicinity, as
the proposed use will be compatible to the type and nature
of operations typically found 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 conditions have been applied to
insure conformance with the zoning regulations.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 90-012 Lighthouse Bible Book Store
Conditional Use Permit to allow the operation of a book store in a C-1
EXHIBIT B
PAGE _ OF 1
District at 7140 Amador Plaza Road with the following conditions of
approval:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied
with prior to the issuance of building permits or establishment of
use, and shall be subject to Planning Department review and approval.
The following codes represent those departments/agencies responsible
for monitoring compliance of the conditions of approval. FPL1
Planning. FB1 Building, rP01 Police. FPW1 Public Works.
1. This approval is for PA 90-012 to allow the operation of a
specialty bookstore selling a variety of books and other retail
merchandise as generally depicted on the plans labeled Exhibit A
dated received by the Planning Department on January 31, 1991.
[PL]
2. No loudspeakers or amplified music shall be permitted outside the
enclosed building. [PL, PO]
3. The Applicant shall control activities connected to this use so
as not to create a nuisance to the existing businesses or
shoppers. [PL]
4. On an annual basis, these uses shall be subject to Zoning
Investigator review and determination as to compliance with the
conditions of approval. [PL]
5. This permit shall be revocable for cause in accordance with
Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of
the terms and conditions of this permit shall be subject to
citation. [PL]
PASSED, APPROVED AND ADOPTED this 18th day of March, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
- 2 -
PAGE OF
/ ;_.4,.J
/ --1-
_ c
Q
•
b
•
,
1
- 1 1
1 ' 1
11 1
•
- 1.1_..tt iw
-. -. . -- -- - 1 rw,MLD ST
rn
S
c �CNTINA— +
�'i TC \ ' ,; • -.F DusLtN_-----_IHOMPSON ING -_
•
o
r
-r-
IA L.
MJISLIW - -•- CALI((1HNIA
API- LACANT? WRII 1 EJ�T
We are a retail Christian Bookstore devoted to serving the people
in the areas of Dublin, Pleasanton and San Ramon. We are a bookstore
that specializes in Christian -related books, Bibles, music, cards, gifts,
videos and church supplies. Our purpose is to glorify God.
We are open six days a week, Monday through Saturday, from
9:30 to 5:30. During the Christmas season we remain open on Thursday
evening until 8:00. We help sponser many local church and community
events, including fund raisers for Dublin High School and Valley Christian
Schools.
RECEIVED
31 391
PR- t -ot
-z_
N
PAGE
OF
GIFOC-%
RNIN�:N.OTICE
4
CITY OF DUBLIN o BUILDING INSPECTION DEPARTMENT
YOU ARE HEREBY NOTIFIED THAT A VIOLATION OF THE DUBLIN CITY ORDINANCE CODE EXISTS AS DESCRIBED
BELOW. FAILURE TO COMPLY WITHIN THE TIME SPECIFIED MAY RESULT IN A CITATION BEING ISSUED WHICH
MAY REQUIRE YOUR APPEARANCE IN COURT AND A FINE OF UP TO $500.00.
To "P. cei () Q itA)O�cyl (o _pu lam'- 4o-
Location of Offense W L S*S _ n u utJ PLAce CQU l -R
Name L /( USE ,�j 1,5 c�.'' oI < TI)2'
Business Address
Residence Address
Date �-- 71
Tel
/O ,4YlAA2M tou - A- A>,01-4
(?51 PASs DAL (, c O l
Code Section Description of Violation
Du6L4,0 ` 2,Qw/) - Cc
C—1 PiStc-T-
This violation must be corrected as follows:
Ci5T-141 f3 C', D11 I��U t. 19Eiiu /7"_
* CoNs0l1t .nog usE. Pam/ TS kgC— 'PP(° ue0 I,R Dail 3
' LA03113 C-1 put2 f Axv P /au L N ti ,
Op -r'iai /- K TD 2 -- c mivc.i
/� 1%u0 N)i2 NuderiA4L,
Nk Further enforcement action willhatif be postponed if you avail yourself
of the following administrative remedy(ies) within \*0 days. SAT6mir ApPuC� 1Dtii
Fc . use- �� `1 1 �(il -�-- t l ( � 56f f 7T -L
` . `111E eLfW1U k)h �i b`r' Pm
aiovvi A `; Z2 199 I
Issuing Officer rY kO (421 ) - S Title
Office Address I Ob (IAA L P9CA-2.A-
2.04A )1-7 1 A./E_4 f 1
Tel R2 I-t)