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Bal Theater Appeal 2 October 1, 1996 BACKGROUND Approximately three years ago, the Bal Theater ceased the regular screening of foreign language films. However, the owners have maintained a business license for the continuation of the theater and continue renting the facility for special screenings on a case by case basis. Recently, the Universal Church applied for a business and zoning approval. The application lacked details on the nature of the use and it was not clear to staff that church services were to be held. On April 17, 1996, Community Standards staff confirmed that church services were occurring. The church was informed to cease and desist. The church discontinued all operations immediately. DISCUSSION In the application for use of the property submitted by Universal Church of the Kingdom of God, the proposed use of the property involved film, video and lectures to deal with issues of "unemployment, health, addiction, family life, spiritual matters and prosperity." Their stated aim is "to help those who need it through our lectures and film/video presentations and discussion periods. On Sunday, April 14, 1996, a Community Standards staff member arrived at the Bal Theater at approximately 10:30 a.m. to observe the operation. The conclusion of the City staff member was that the use met the zoning definition of a church service. During the Planning Commission meeting on the appeal, there was public testimony from residents in the immediate area expressing concern about parking for the church, especially since there is no on site parking available. They also were concerned about the establishment of a church use on a major commercial corridor. CONCLUSION Based on the information supplied to the City by the applicant and information gathered by Community Standards, it was the finding of the Director of Development Services that the proposed use was a church, a use that is not permitted in the Community Commercial Zoning District. The zoning approval was therefore denied. The denial of the zoning approval was appealed to the Planning Commission and it upheld the action of the Director of Development Services. ATTACHMENTS Business License and Zoning Approval Application (Attachment A) Letter dated April 15, 1996 (to Edward Campiani) (Attachment B) Notice to Cease and Desist dated April 17, 1996 (Attachment C) Letter dated May 15, 1996, (to Paul Martin) (Attachment D) Staff Reports dated June 7, 1996 and July 26, 1996 (Attachment E) Excerpts of Planning Commission Meetings of June 13, and August 8, 1996 (Attachment F) Letter to Planning Commission from Lawrence Martin dated June 21, 1996 (Attachment G) Supporting Material from United Church of the Kingdom of God (Attachment H) Additional Information from Applicant Received September 27, 1996 (Attachment I)