HomeMy WebLinkAbout01-042 JourneyCmmChrch1/8/02 AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: JANUARY 8, 2002
SUBJECT:
ATTACHMENTS:
PUBLIC HEARING: PA 01-042 Journey Community Church
Conditional Use Permit
(Report Prepared by: Andy Byde, Senior Planner)
2.
3.
4.
5.
Resolution approving the Conditional Use Permit
Project Plans
Written Statement
Term of Lease
Map of historical resources in the area
RECOMMENDATION:
1)
2)
3)
4)
Open public hearing.
Receive staff presentation and public testimony.
Close public hearing and deliberate.
Adopt Resolution (Attachment 1) approving PA 01-042 Journey
Community Church Conditional Use Permit
DESCRIPTION:
The Applicant is requesting a Conditional Use Permit to establish a new church within the former tenant
space, know as the Plumbery. The proposed project is located within the shopping center known as the
Dublin Square. The proposed church would be 15,000 square feet in size and would be located entirely
within the existing building. The applicant has requested the duration of the Use Permit to be for 25
months from the date of the approval.
BACKGROUND:
On March 19, 2001, during the Goals and Objectives session, the City Council requested Staff, as a high
priority, to develop plans for a historical district designation on the Donlon Way area. Several City
owned historical resources are located within this area and include: Old St. Raymond's Church, the Old
Murray School House, and the Dublin Pioneer Cemetery. The Green Store, although it has been
significantly altered from its original form, can be described as an historical resource. Both the Green
Store and the Alamilla Springs are two historic properties, which are not located on City owned property
(See Attachment 3 for a map of historical resources in the area).
On June 1st, 2001, the Community Development Department received an application for a Site
Development Review, proposing to redevelop the property known as the Dublin Square within the Donlon
G:\PA#X2001 \01-042\PC Staff Report.doc
COPIES TO:
Applicant
Project File
Project Planner
ITEM NO.
Way area, with a new, three-story, 89,000 square foot office building. The proposed building would
attain a height of 44.5 feet above grade (with mechanical and parapets attaining a height of 54 feet) and
would contain a partial below grade parking floor. The existing bank building on the northwest comer
would remain, while the existing retail building would be demolished as a result of the proposed project.
At the City Council meeting of June 19, 2001, the Council voted 5-0 to table the consideration of an
Urgency Ordinance to impose a moratorium within the Donlon Way Area. The Ordinance was being
considered in light of an application for a Site Development Review proposing to redevelop the property
know as the Dublin Square with a new three-story, 89,000 square foot office building.
At the July 3rd City Council hearing, Staff presented two options to the City Council for further actions,
option 1 was a Study Session to examine the scope and the desired direction of the proposed historical
district designation for the Donlon Way area and the integration of the Dublin Square property into the
designation area; option 2 included initiation of a Specific Plan for the Donlon Way area. The Specific
Plan process would include: (1) economic analysis to examine financial constraints and financing options;
(2) a public participation component to determine the needs of the property owners and wishes of the
public; (3) design guidelines to determine appropriate design criteria for the area; and (4) a land use
analysis to determine a compatible mix of appropriate land uses.
The City Council voted 4-1 to proceed with a study session to examine the Donlon Way area including:
possible design considerations, appropriate land uses, and possible view corridors into the historical sites
from Dublin Blvd and Donlon Way. The City Council requested the Heritage and Cultural Art
Commission provide input to the City Council in relation to the historical resources around the Donlon
Way and the potential future uses of the Dublin Square property.
On August 21,2001, the City Council voted 3-2 to initiate a Specific Plan for the area, similar to what
was done for Village Parkway, with some of the same design characteristics and goals. Currently the
Staff is reviewing a proposal from a Planning Consultant to prepare a Specific Plan for the area. It is
anticipated that Staff will be returning to the City Council in February of 2002 to review the proposal and
request authorization to proceed on the Specific Plan preparation.
Noticing:
In accordance with State law, a public notice was mailed to all property owners and occupants within 300
feet of the proposed project, to advertise the project and the upcoming public hearing. A public notice
was also published in the Tri-Valley Herald and posted at several locations throughout the City. To date,
the City has received no contact or objections from surrounding property owners or tenants regarding the
current proposal.
Circulation and Parking:
The project site is located at the southwest comer of Dublin Boulevard and Donlon Way. Two driveways
along Dublin Blvd. and two along Donlon Way (total of four) provide egress and ingress to the subject
property.
The Dublin Square property has 174 parking spaces to serve the approximately 43,000 square foot
shopping center. The proposed church would be 15,000 square feet in size, and according to the City of
Dublin Zoning Ordinance, would require 1 parking space per 50 square feet of non-fixed seating in the
assembly are, plus 1 per class room. The assembly area is reported to be 4,560 square feet, which would
2
require 91 parking spaces; in addition the church would have 6 classrooms, for a total required parking of
97 parking stalls. The church will have access to 144 parking stalls, which exceeds the required parking
by 47 stalls.
Improvements:
The proposed church would occupy the former retail tenant space of the "Plumbery" and the applicant has
not proposed any exterior modifications to the building. According to the Chief Building Official, any
change in occupancies requires the building to meet the new code requirements of the proposed
occupancy. Under the Uniform Building Code (UBC) the existing building is classified as a Retail Sales
Occupancy (M), while the proposed church use would require an Assembly Occupancy (A2.1). Therefore
before the proposed church would be allowed to occupy the building, the type construction would have to
be changed. This would include replacement of the existing sheetrock with 2 layers of new sheetrock and
fire caulking all penetrations in the building. Additionally, the automatic fire sprinkler system would be
required to upgraded. The Chief Building Official has estimated this would require a substantial
investment to convert this building to allow church use.
Use Permit Findings and Duration:
The church will not be located in close proximity to any residential uses; the closest residential uses are
the Springs apartments located across Dublin Blvd. It is not anticipated that the church will have noise
impacts on any adjacent uses. The church office will be open Monday through Friday, 8:30 am-5:30 pm
and the church services will be from 8:45 am to 10:00 am and 10:15 to 11:30 am. Conditions of approval
ensure that the church is responsible for ensuring that noise is not audible at the property line. In addition,
the church will be responsible for controlling all on-site activities and maintaining the premises in a litter-
free condition.
The applicant has requested the duration of the Conditional Use Permit to be for 25 months following the
approval by the City. The applicant has submitted a portion of the lease which states the original term of
the lease is for two years, commencing on the first month after the Conditional Use Permit approval by
the City of Dublin. At the conclusion of the 25-month period, if the applicant wishes to extend the time
period the following will be required to be completed prior to extension: (1) a new Conditional Use
Permit application will need to be submitted; (2) a new notice sent to the surrounding property owners and
tenants; and (3) the Planning Commission would need to make new CUP findings at a public hearing.
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. The project consists of minor modifications to an
existing building and is consistent with all General Plan and Zoning regulations and currently served by
all required utilities and public services.
CONCLUSION:
Staff recommends that the Planning Commission:
1. Adopt Resolution (Attachment 1) approving the Conditional Use Permit to establish new church
within the 15,000 square foot tenant space of the Dublin Square Property.
3
GENERAL INFORMATION:
Property Owner:
Applicant:
Location:
Existing Zoning:
General Plan Designation:
Mike Mikulich
Berkeley Land Co.
1211 Newell Ave. Ste. 116
Walnut Creek, CA 94596
Michael P. Connolly
Joumey Community Church
11825 Dublin Blvd.
Dublin, CA 94568
11825 Dublin Blvd
APN 941-1560-007-01
C-l, -Retail Commercial
Commercial Office
RESOLUTION NO. 02-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 01-042 JOURNEY COMMUNITY CHURCH
CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A NEW CHURCH WITHIN THE
DUBLIN SQUARE SHOPPING CENTER WITHIN A 15,000 SQUARE FOOT TENANT SPACE
LOCATED AT 11825 DUBLIN BLVD.
WHEREAS, the applicant Michael Connolly has requested to establish a new church within the
former tenant space, know as the Plumbery. The proposed project is located within the shopping center
known as the Dublin Square and would be located within a 15,000 square foot tenant space located at 11825
Dublin Blvd., in a C-1 Retail Commercial Zoning District; and
WHEREAS the Planning Commission held a properly noticed public hearing on said application on
August 8, 2000; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA), according to Section 15301 (a), Class 1; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony herein above set forth and used his independent judgment to make a decision; and
WHEREAS, the Planning Commission has found that the proposed project is appropriate for the
subject site.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find
that:
The proposed use is and related structures are compatible with other land uses, transportation and
service facilities in the vicinity.
The use will not adversely affect the health or safety of persons residing or working in the vicinity,
or be detrimental to the public health, safety, and welfare.
The use, under all circumstances and conditions of this permit, will not be injurious to property or
improvements in the neighborhood.
Do
There are adequate provisions for public access, water, sanitation, and public utilities and services to
ensure that the proposed use and related structures would not be detrimental to the public health,
safety and welfare.
Eo
The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed.
ATTAC['IMENT
F. The approval of this Conditional Use Permit is consistent with the Dublin General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve
PA 01-042 Conditional Use Permit to allow a church to be located within the 15,000 square foot tenant space
of the Dublin Square shopping center as generally depicted on Exhibit A, stamped approved and on file, for
the period of 25 months from the date of this approval. Any requests for extension of time shall be subject to
a new Conditional Use Permit application. The project approval shall be subject to compliance with the
following conditions:
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 subiect to Planning Department review and approval. The
following codes represent those departments/agencies responsible for monitoring compliance of the
Conditions of Approval: [PL.] Planning, [BI Building, [PO] Police, [PW] Public Works [ADM]
Administration/City Attorney, [FIN] Finance, IF] Alameda County Fire Department, [DSR] Dublin San
Ramon Services District, [CO] Alameda County Department of Environmental Health.
The activities associated with the church office shall have the following operating hours: Monday to
Friday 8:00 a.m. - 6:00 p.m. The activities associated with the Sunday services shall have the
following operating hours: 8:45 am to 11:30 am. Any extension of the hours shall be subject to
review and approval by the Director of Community Development.[PL]
No loudspeakers or amplified music shall be permitted outside of the enclosed buildings. [PL]
Any signage on site shall be subject to the Sign Requirements contained within the Dublin Zoning
Code. [PL]
The Applicant shall comply with all. applicable Planning, Building, Alameda County Fire Authority,
and Police Department regulations and ordinances. [PL, B, F, PO]
This Conditional Use Permit shall be null and void on February 8, 2004. [PL]
The two existing disabled stalls near the Plumbery entrance must have new pavement markings and
signs depicting the international symbol of accessibility. [PVV]
One additional disabled access stall must be provided along the front of building.
Signs must be posted at the driveway entrance that read, "Unauthorized not displaying distinguishing
placards or license plates issued for physically handicapped persons will be towed away at owner's
expense. Towed vehicles may be reclaimed at Dublin Police or by telephoning 833-6670". [PW]
The sign identifying the disabled parking stall near the Union Bank must be rotated such that the sign
faces the disabled access parking stall. [PW]
10.
No cooking or other food preparation that would require the approval of Alameda County
Environmental Health Services, is hereby approved. In the event that food preparation is desired, the
2
11.
12.
13.
14.
15.
16.
applicant shall submit a written request, subject to review and approval by the Community
Development Director. The applicant will also be required to receive proper approval by Alameda
County Environmental Health Services prior to commencing food preparation. [PI]
The Automatic fire sprinkler system shall be modified as required by any renovation, wall installation
or change in floor or room configuration. The Automatic fire sprinkler system shall be designed,
installed, tested and maintained to the specifications of NFPA 13 & 25, 1997 edition. Plans and
calculations shall be submitted to the fire prevention division for review and approval prior to
installation. The system shall be monitored by a UL Certified central station and shall be a
certificated account as well. A permit for the system shall be completed an all fees paid prior to
installation. [F]
Plans calculations and a permit shall be submitted for the manual fire alarm system. System shall be
deigned, installed, tested and maintained to NFPA 72 standards. The system shall be monitored by
a UL Certified central station and shall be a certificated account as well. [F]
Exiting from all areas of the building shall meet the minimum requirements of the California Building
Code. [F]
Decorative materials shall meet the requirements of Section 1103.3 of the California Fire Code. [F]
Emergency lighting shall be installed throughout the building. [F]
To allow emergency access to the building, a KNOX box shall be installed at the main entry. [F]
17.
18.
19.
20.
21.
22.
Approved numbers or addresses shall be placed on all existing buildings. The address shall be
positioned as to be plainly visible and legible from the Street or Road fronting the property. Said
numbers shall contrast the their background. [F]
The building located at 11825 Dublin Blvd is classified as a Type VN building with an occupancy
classification of Retail Sales (M). The applicant is proposing a Tenant Improvement for an Assembly
Occupancy (A2.1) with Classrooms (E-l). As per Section 3405 Dublin Building Code "No change
shall be made in the character of occupancies or use of any building that would place the building in
a different division of the same group of occupancy or in a different group of occupancies, unless
such building is made to comply with the requirements of this code for such division or group of
occupancy." [B]
The Applicant shall upgrade the building to meet all aspects of the 1998 Building Codes. This would
include but is not limited to the following: Assembly Occupancy is Not Permitted in a Type VN
building. The applicant will be required to upgrade the building to meet Type V 1hr construction. This
would include but is not limited to replacement of all Gypboard with 2 layers 5/8 inch Type X
Gypboard for all exterior walls replace all interior walls with 1 layer 5/8 inch Type X Gypboard both
sides, Fire caulking all penetrations in the building with an approved fire caulk. [B]
As submitted the approximate occupancy load on the building for the above occupancy is 1544. With
the installation of fixed pews or chairs the approximate occupancy load is 542 persons. This would
mandate that there be 3 exits (542 persons) or 4 exits (1544 persons) be provided. The exit system
to the public street shall be a minimum 20-foot-wide right-of-way unobstructed and maintained to
only as exit discharge to the public way. With the current configuration of the building this may
require structural changes. This would require panic hardware on all gates in the rear of the property
and the swing of the gate to be to the front of the building. [B]
The Lobby area shall be a rated corridor, with all doors protected for such rating. [B]
The building shall have all Exit signage and Exit Lighting installed to meet the requirements for
3
assembly occupancies. [B]
23. The Platform shall be of non-combustible construction or be equipped with a fire suppression system
above and below. [B]
24. All Plans and Calculations shall be prepared by a California licensed Architect or Engineer. [BI
25. This permit shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning
Ordinance. Any violation of the terms or conditions of this use permit shall be subject to citation.
[PL]
PASSED, APPROVED AND ADOPTED this 8th day of January 2002.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Commission Chairperson
Planning Manager
4
DUBLIN BLVD
WAY
CHPK ¢~
(~ EXISTING SiTE pLAN.
RECEIVED
NOV 1 5 ZOOi
DUBUN PLANNING
A .TTACHMENT
P2.01
AUDIO
LOI
CLASSROOM
PRELIMINARY FLOOR PLAN
~OURNEY CHURCH COMMUNITY
(Fomer Plumbery Space)
City of Dublin,
California
JOURNEY
CHURCH
COMMUNITY
R~V~ION DA~5):
Conditional Use Application
Written Statement
A. What type of business, activity or use are your proposing?
A contemporary Christian church.
B. How many employees will you have or propose to have?
Year One:
Year Two:
4 Employees-300 Attendees on Sunday
6 Employees-400 Attendees on Sunday
C. What are your proposed hours and days of operation?
Offices open M-F, 8:30-5:30
Church Services Sundays: 8:45-10:00 AM and 10:15-11:30 AM
Will your bus,ness, activi .ty or use target a specific segment of the
communi .ty?
Yes, young families and singles aged 25-40 who currently don't attend a church.
E. In what ways will your business activity or use benefit the communi .ty?
The Journey Church, besides communicating the timeless truths of the bible using
drama, humor, modern music, media and relevant messages, also sets aside 10%
of its annual offerings (approximately $13,000.00 in 2001) for what is called
Compassion Ministries, these are local East Bay causes that include feeding the
400 county fair workers to our toy giveaway to 300 underprovided East Bay
children (brochure enclosed).
Are there any ways in which your business~ activin, or usel may disrupt the
peace of the surrounding residents or businesses?
No. Of the seven current businesses in the shopping center, six of them are closed
on Sunday. The one tenant that is open on Sunday commences at noon, when our
two services have ended.
There are 144 parking spaces in the shopping center (6 handicap). The
average car on Sunday morning has three occupants. This translates to
parking never exceeding 70% of capacity during the term of our lease on
any given Sunday.
AI"fACHMENT
The property is between an office park and the Hexcell Building, both
closed for business on Sunday. The closest residential complex is the
Springs Apartments, whose property measures 800 feet from the front
door of the proposed church site.
G. Will your business, activity, or use have any negative effects on the health or
safety of people residing or working in the vicinity?
No.
H. Will your business, activity, or use create any negative impacts on property,
transportation systems, or existing improvements in the neighborhood?
No.
As mentioned, there are 144 parking spaces (6 handicap) on the property.
We should never exceed 70% of parking capacity at any one of our
services.
The center is surrounded by an office park and a corporate building, both
closed on Sunday.
The closest residential complex is the Springs Apartments located 1/6 of a
mile from the front door of the proposed church.
Approximately 50-100 cars will be turning onto Dublin Blvd. during our
service times. This is a fraction of the hundreds of cars that turn onto that
stretch of Dublin Blvd. on weekday mornings.
I. Is the proposed project located on a hazardous waste and substances site
(pursuant to Government Code Section 65962.5)?
Journey: Church Community
C.U.P. Application Supplemental Information Sheet
:Dublin Blvd. Address Square Feet Tenant Business Hours of Operation
M-Th: 10-3; Fri: By
11811 1730 Feiffers Interior Design Apt.
11815 * Partially Vacant Temp. Office N/A
11819 4070 Finish Masters Paint Distributer M-F: 8-5; Sat 9-1
iVacant (Fmr.
11825 * Plumbery) Vacant N/A
Vacant (Fmr. All
11831 * Video) Vacant N/A
Mon.-Sat. 10-5; Sun
11837 6800 Back Yard Fantasy Backyard Toys 12-5
Varies; Tues-Sat.: 9-
11845 600 Hair Dimensions Salon 7; Closed Sun.&Mon.
Tues-Thurs: 8-6; Fri
11847i 700 Len's Barber Shop Barber 8-5:30; Sat 8-2:30
11851 4304 CheFs Touch Caterer Varies
Note: * Total Sq.Ft. of Vacancies = 24,800
TO: ANDY BYDE
SENIOR PLANNER
rch Community
R"ise up and take t~ourjourne.~
FROM:
MIKE CONNOLLY
$0UR_N~Y CHURCH
December 14, 2001
This letter is to request that the Conditional Use Permit submitted for Journey Church
Con~auni~ be'for a ~riod of two years and on~ month, My Ieee with Berkeley Land expires
two years from the Is~ clay.of the month following my hopeful C.V.P. approval. (se,~ attached
section of my lease)
Thank you for all your help in expediting this pro~ess,
Sincerely,
Mike Coanolly
AT_TACHM ENT q
Church OIBe.~ at 11501 Dublin Blvd., Suite ~00, I)ublt~ ~ 91~88
Tel, 9~/461-1781 * ~ 9'721/~51-8168 ' t~:a~tl: ~l:ua:n~.cam ' www. the-jorunc'y, org
Sunday sex'vices at Foothill High School * ~l~7B Foothill Road, Pieasanton
ARTICLE 3. TERM OF LEASE
CommenCement D,te iud Term
Section 3.01. The Ori~ Term of this Lease shall be for a per/od of two years,
be~illRin$ on the C~ent Dat~, The Commencement Date shall b~ tho ~ day of the
month following the d~ th~ condifi~ use permit i~ ~prov~ by th~ City ofDubI~n,
AT'TAGI JMENT
Map of Dublin Historic Resources
within the Donlon Way Area
Alamilla Springs'
Dublin Blvd
Dublin Square
Pioneer Cemetery
Store
St. Raymond'
Church
Old Murray
$choolhou,~
~ Donlon Way
Historic
Resource
Attachment 5