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HomeMy WebLinkAboutReso 119-86 EagleNestAppealRESOLUTION NO. 119 86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING ON APPEAL PA 86-074 THE EAGLE'S NEST CHRISTIAN FELLOWSHIP OF NORTHERN CALIFORNIA CONDITIONAL USE PERMIT TO OPERATE A CHURCH AND MINISTRY CENTER AT 6680 SIERRA LANE WHEREAS, Gary West, representing Eagle's Nest Christian Fellow- ship, filed an application for a Conditional Use Permit to operate a Church and Ministry Center at 6680 Sierra Lane; and WHEREAS, the Planning Commission held public hearings on said application on September 2, 1986, and September 15, 1986, at which time the Planning Commission adopted Resolution No. 86-049 approving the Conditional Use Permit request for PA 86-074; and WHEREAS, proper notice of said public hearings was given in all respects as required by law, and; WHEREAS, an appeal of the Planning Commission's action was filed on September 17, 1986, by Dublin City Councilmember Linda Jeffery; and WHEREAS, the request is categorically exempt in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, the October 27, 1986, Staff Report was submitted recom- mending the application be denied, due to potential conflicts between the proposed Church and Ministry Center and the existing, proposed, and/or future light industrial uses in the Sierra Court - Sierra Lane Trinity Court area; and WHEREAS, at the October 27, 1986, public hearing on this matter, after hearing and considering all said reports, recommendations and testimony hereinabove set forth, the City Council indicated their general support for the proposed tenant occupancy; and NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby find: 1) The operation of a Church and Ministry Center will not involve the crea- tion of a land use which will be inconsistent with the intent of the M-i, Light Industrial District, which relates to light manufacturing uses, as the proposed land use will be entirely contained within the subject tenant space and will involve periods of use which are offset from the typical workday week of the majority of surrounding light industrial tenant occupancies. 2) The use of the subject tenant space as a Church and Ministry Center will serve the public need. 3) The uses will be properly related to other land uses, and transportation and service facilities in the vicinity, as the proposed peak hour uses of the subject tenant space (assembly functions) will be limited to periods which will not be in conflict with existing and anticipated periods of use by surrounding light industrial uses. 4) The uses 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 neighbor- hood, as all applicable regulations will be met. 5) The uses will not be contrary to the specific intent clauses or perfor- mance standards established for the District in which it is to be located. 6) The approval of the Conditional Use Permit will be consistent with the Dublin General Plan. -1- BE IT FUTHER RESOLVED THAT THE City Council does hereby conditionally approve said application as shown by materials from the October 27, 1986, Staff Report, labeled Exhibit C and Attachments 2 and 3, 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 issuance of building or grading permits, and shall be subject to Planning Department review and approval. 1. Development shall be generally as shown on the floor plan submitted with the application and as described by the Applicant's Written Statement, both dated received by the Dublin Planning Department on July 14, 1986, as supple- mented by the Written Statement dated received on August 21, 1986. Development shall be subject to final review and approval by the Planning Director prior to the issuance of a building permit for tenant improvements or occupancy by the proposed land use, and shall be subject to the Conditions listed below. 2. The Conditional Use Permit shall be valid until January 31, 1990, at which time it shall be necessary to apply for renewal. Failure to establish the use within six months of the effective date of the permit will cause the permit to become null and void. 3. The days and hours of general assembly use of the subject tenant space shall be limited to 6:00 p.m. to 12:00 midnight on weekday evenings and unlimited hours of use on Saturdays and Sundays. Additional use of the subject tenant space shall be limited to occupancy by a maximum of 10 Church staff members and/or volunteers during typical workday hours for the Monday through Friday work week (unless amended through the process outlined in Condition #6 below). General assembly occupancies shall be limited to a maximum seating capacity of 284 seats (this count is dependent upon the documentation regarding parking outlined in Condition #6 being supplied). If a total of more or less than 105 parking spaces is provided on site, a corresponding adjustment to the maximum general assembly seating capacity shall be made by adjusting the maximum seating count by four seats for every parking space this count is added or eliminated. In any case, the maximum seating count shall not exceed 299 seats. 4. No loudspeakers or amplified music shall be permitted outside the enclosed building. Ail activities associated with the proposed use of this tenant space shall be conducted entirely within the subject tenant lease space. 5. Prior to the issuance of a building permit for tenant improvements or occupancy by the proposed land use, detailed floor plans of the subject tenant space shall be prepared by the Applicant and submited for review and approval by the Building Inspector. Any work necessary to provide compliance with applicable Building Code regulations shall~be performed to the satisfaction of the City Building Official. 6. Any changes in the days and hours of general assembly use cited in Condition #3 above of the subject tenant space shall be subject to review and approval by the Planning Director as regards type of function, day(s) and hours of function, and maximum attendance level. The listing may be supplemented and/or modified upon 30-day written notice by the Applicant, with the Planning Director maintaining review and approval authority over any new or modified function(s). In no case shall the mixture of uses established within the subject tenant space exceed a numerical parking requirement of 71 parking spaces (or the number of on-site spaces determined available for exclusive use by the subject tenant occupancy), as determined by application of the City's off-street parking requirements, during the typical work hours of a Monday through Friday work week. The final parking count applied to this site shall be dependent upon the necessary recorded documentation being submitted by the Applicant to verify the on-site parking space count available for exclusive use by the tenants at the subject property. If a modified parking plan is proposed for use, the plan shall be subject to review and approval by the Planning Director prior to installation. 7. All signs for the proposed use shall be subject to review and approval by the Planning Director as regards size, location, copy and construction~ materials and design. -2- 8. The entire parking lot of the subject property shall be restriped within 30 days of any occupancy of the subject tenant space to provide for 'a minimum of 97 parking spaces. The parking plan to be utilized shall be submitted for review and approval by the Planning Director prior to the spaces being painted or issuance of building permits or any form of tenant occupancy. A maximum of 33% of the spaces may be sized and designated for use by compact size cars. The approved parking plan shall reflect the needs of Zendex Corporation for truck delivery access at the southwest corner of the structure. 9. Ail activities shall be controlled so as not to create a nuisance to the existing and/or future light industrial district tenant occupancies within the immediate vicinity of the subject property. 10. Prior to the issuance of a building permit for tenant improvements or occupancy by the proposed land use, the Developer shall submit a letter documenting that the requirements of the DSRSD - Fire Department have been satisfied. 11. Development shall comply with the City of Dublin Police Services Standard Commercial Building Security Requirements. (See Attachment A.) 12. In conjunction with this tenant occupancy, the exterior of the entire building shall be upgraded as regards to exterior paint, exterior window treat- ment, roof drainage, etc., to an acceptable "first-class" status, as determined by the Planning Department and the City Building Official. 13. On-site areas of pavement disrepair (and off-site areas within shared access driveways) shall be resurfaced to the satisfaction of the City Engineer. Handicapped parking spaces shall be established per the requirements of Title 24 of the State Building Code and shall be established as regards identification, dimensions and ramp access, to meet minimum State requirements. 14. The initial 50'~ of the two driveway areas at the northwest and northeast sides of the property shall be marked as "No-Parking" areas in a manner accep- table to the DSRSD Fire Department. 15. An end-aisle raised pedestrian entrance/landscape planter shall be established at the main entrance to the general assembly room of the Church and Ministry Center (along the south side of the tenant space). The design of these improvements shall be generally consistent with the Staff Study dated October, 1986 (see Attachment B), and shall be subject to review and approval by the Planning Department prior to installation, and shall be installed within 90 days of the occupancy of the subject tenant space as a Church and Ministry Center. 16. The Applicant shall initiate, in conjunction with the property owner, an analysis of the current and future trash bin needs. A minimum of one formal trash bin area shall be established for the subject property, with the design, location and construction materials subject to review and approval by the Planning Department prior to installation. The trash bin area shall be estabished within 90 days of the occupancy of the subject tenant space as a Church and Ministry Center. 17. Any architectural changes (including, but not limited to the installation of new doorways) to the structure proposed in conjunction with this tenant occupancy are subject to review and approval by the Planning Director prior to installation. 18. The uses established under this Conditional Use Permit shall be subject to review after the one-year anniversary of initial occupancy to determine compliance with the above Conditions or what additional requirements may be needed to assure that the Findings of Approval outlined above in this document will be met. The Planning Director may refer the matter back to the Planning Commission for disposition. 19. This permit shall be revocable for cause in accordance with Section 9-90.3 of the Dublin Zoning Ordinance. -3- 20. Prior to evening operations, provide exterior lighting of the driveways, parking areas, and building entrances adequate to meet safety and security purposes. The lighting levels shall meet I.E.S. (Illuminating Engineering Society) recommended levels for Medium Activity Parking Areas (minimum 1.0 foot candles) and Pedestrian Building Entrances (minimum 5.0 foot candles). The lighting shall: l) Maintain the minimum foot candle levels with a 0.75 depreciation factor. 2) Minimize glare by using sharp cut-off luminaries. Maintain a uniformity ratio of 10:1 to 15:1 maximum to minimum illumination on the pavement. 'An electrical engineer or other lighting design professional shall submit photometrics of sufficient detail to show compliance with these lighting requirements. The photometrics shall be submitted to the Planning Director for review and approval prior to installation of the lighting. PASSED, APPROVED AND ADOPTED this 27th day of October, 1986. AYES: Councilmembers Hegarty, Moffatt, VonHeeder, and Mayor Snyder NOES: Councilmember Jeffery ABSENT: None Mayor City Cler~ ~ ' -4-