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HomeMy WebLinkAbout8.1 Attmt 1 Reso Appv CUP for The Well Christian Comm ChurchRESOLUTION NO. 09-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING PLACE OF WORSHIP, MINOR MODIFICATION OF THE HOURS OF OPERATION AND A PARKING REDUCTION FOR SHARED PARKING AND OFF-SITE PARKING WITHIN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT LOCATED AT 6515 SIERRA LANE (APN 941-0205-020) PA 08-042 WHEREAS, the Applicant, F,van Simmons, has requested approval of a Conditional Use Permit to allow a 4,584 square foot expansion of the existing 21,998 square foot church, a minor modification of the hours of operation and a parking reduction for shared parking and off-site parking for The Well Christian Community Church located at 6515 S Terra Lane; and WHEREAS, the project site has a General Plan Land Use Designation of Business Park/Industrial and is zoned Light Industrial (M-1); and WHEREAS, a Place of Worship is permitted in the Light Industrial (M-1) Zoning District with approval of a Conditional Use Permit; and WHEREAS, the Planning Commission, by means of a Conditional Use Permit, can approve a parking reduction for shared parking pursuant to Section 8.76.050 F of the Zoning Ordinance and can approve off-site parking pursuant to Section 8.76.050.C; and WHEREAS, on. September 9, 2003 the Planning Commission approved a Conditional Use Permit to allow a 10,800 square foot Place of Worship at 6515 Sierra Lane; and WHEREAS, on June 28, 2005 the Planning Commission approved a Conditional Use Permit to expand the existing Place of Worship at 6533 Sierra Lane and a parking reduction for shared parking and off- site parking at 6591 Sierra Lane and 6723 and 6761 Sierra Court; and WHEREAS, the Applicant has submitted project plans dated received December 4, 2008; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and this project was found to be exempt under CEQA Guidelines Section 15301 (Existing Facilities); and WHEREAS, the Planning Commission held a public hearing; on said application on February 10, 2009; and WHEREAS, the proper notice of said public hearing was giN en in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and ATTACHMENT 1 WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used 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 hereby find that: A. The proposed use and related structures is compatible witl other land uses, transportation and service facilities in the vicinity because: 1) the proposed use i, located within an existing building in the Sierra Business Center; 2? peak operating hours for the proposed use are after typical business hours therefore interaction between the church and businesses within the center shall be minimal; 3) on and off-site parking has been provided which is adequate 0 serve the existing and proposed use; and 4) the site is located next to an existing road and access has been provided. B. The proposed 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 because: 1) the proposed use shall take place completely within an existing building in the Sierra Business Center; 2) the peak operating hours for the proposed use will operate after businesses in the center are closed and therefore interaction between the church and businesses within the center shall be minimal; 3) the proposed use will be adequately conditioned to ensure that the operation has no recognizable negative impacts to the existing uses in the Light Industrial Business Park; and 4) the proposed church expansion will comply with all of the City of Dublin regulations. C. The proposed use will not be injurious to property or improvements in the neighborhood because: 1) the proposed church expansion will comply with all City of Dublin regulations; 2) the church expansion will be located in an existing building; and 3) the project is conditioned to ensure compatibility with surrounding uses. D. There are adequate provisions for public access, water, sanitat%on, 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 because: 1) the proposed use will be operated completely within an existing building that is serviced by all appropriate utilities and infrastnicture; and 2) the area was designed to accommodate a variety of uses. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the proposed expansion shall take place within an existing building; 2) the proposed expansion will be located in an existing Light Industrial Business Park which was designed to support a variety of uses; 3) the existing roadway network leading to the site is adequate in order to support the proposed expansion; and 4) sufficient parking exists on-site and through an existing off-site parking agreement to support the existing and proposed use. F. The proposed use will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located because: 1) Conditions of Approval have been applied to the Project to ensure on-going compatibility with surrounding uses; 2) the proposed use is a Conditional Use in the Light Industrial (M-1) Zoning District and is permitted when the required findings as stated in Section 8.100.060 of the Dublin 2 Zoning Ordinance can be made; and 3) the proposed use is consistent with the intent of the Light Industrial (M-1) Zoning District as defined by Chapter 8.28 because the proposed church expansion, meets the needs of residents in the City, is compatible w: th the surrounding land uses and is conducted entirely within an existing building. G. The approt-,al of this Conditional Use Permit is consistent with the Dublin General Plan because: 1) the proposed use is permitted with a Conditional Use Permit and meets the intentions of the Zoning District in which it is located; and 2) the proposed project will provide a service to the community that is consistent with the intent of the Business Park/Industrial General Plan Land Use designation. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 08- 042, Conditional Use Permit, to allow the expansion of an existing '.?lace of Worship (The Well Christian Community Church) in the Light Industrial (M-1) Zoning District and a parking reduction for shared parking and an off-site parking agreement subject to the following Conditions of Approval. These conditions of approval hereby superceed the conditions in PA05-022: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be compliec. 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: [PL] Planning, FBI Building, [POI Police, [PW] Public Works [ADMI Administration/City Attorney, WINLFinance, [F] Alameda County Fire Department, [DSRSD] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: GENERAL CONDITIONS 1. Permit Approval. This Conditional Use Permit approval is PL On-going Planning for, the expansion of an existing church into an adjacent 4,584 square foot adjacent suite located at 6515 Sierra Lane (the "Project"). The Project shall generally conform to the project plans submitted by the Applicant dated received December 4, 2008, stamped approved and on file in the Community Development Department and other materials relating to this approval, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration and Time Extension. Construction or PL One year DMC use shall commence within one (1) year of Permit approval or from date of 8.96.020.D the Permit shall lapse and become null and void. The approval and E original approving decision-maker may grant a time extension for a period no longer than six (6) months provided that the Applicant submits a written request for an extension prior to expiration of the Permit and a determination can be made that all Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met. 3. Revocation. The Conditional Use Permit will be revocable PL On-going Planning for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation and possible revocation. 3 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 4. Compliance. The Applicant/Property Owner shall develop PL On-going Planning this project and operate all uses in compliance with the Conditions of Approval of this Conditional Use Permit and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. 5. Days and Hours of Operation for the Church. Activities PL On-going Planning of the primary church facilities shall be limited to the days and hours listed below: Any other events and activities proposed by the church shall first be subject to review by the Community Development Director. Sunday: Two Sunday morning services and prayer (between Sam - lpm), prayer/worship (6pm), Youth Adult Ministries (8:45am - 10:30am) and prayer/workshop (6:00pm) Monday - Friday: Office hours (8am - 4pm) Tuesday: Midweek services (6pm-9pm) Wednesday: Midweek services (6pm-9pm) and Youth Ministry (7pm-8:30pm) Thursday: Women's Bible Study (9:30am & 12pm) Friday: Periodic evening activities (7pm) Saturday: Prayer (6:30am) and Periodic activities (9am - 12 m 6. Maximum Occupancy. Occupancy of the expansion area for PL On-going Planning the Youth and Adult Ministries shall be no more than 123 people. Occupancy of the sanctuary shall be no more than 600 people. 7. Outdoor Events. Any outside events shall be subject to the PL On-going Planning Temporary Use Permit requirements contained in the City of Dublin Zoning Ordinance. 8. Parking. The Applicant and all future operators of a Place of PL On-going Planning Worship at this site shall continue to provide a total of 372 on and off-site parking spaces for Sunday services, in accordance with the off-site parking agreement. Off-site parking spaces shall continue to be provided at 6591 Sierra Lane and 6723 and 6761 Sierra Court. In the event that the parking agreement expires, is revoked or lapses, the church will be required to replace any off-site parking that is lost in kind, or reduce the occupancy accordingly. Upon expiration of the agreement, the Applicant or future operator shall immediately notify the Community Development Department and shall provide proof of a new plan for off-site parking, to the satisfaction of the Community Development Director. 9. Noise/Nuisance. The Applicant shall control all activities on PL On-going Planning the site so as not to create a nuisance to the surrounding businesses and residents. No loudspeakers or amplified music shall be permitted to project or be placed outside the building. 10. Signs. Any signage on site shall be subject to the sign PL On-going Planning requirements contained in the City of Dublin Zoning Ordinance. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 11. Food Preparation. No cooking or other food preparation PL On-going Planning that would require the approval of Alameda County Environmental Health Services is hereby approved. In the event that food preparation is desired, the 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 re aration. 12. Minor Amendments. Modifications or changes to this PL On-going Planning Conditional Use Permit approval may be considered and approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, of the Zoning Ordinance. 13. Fees. The Applicant shall pay all applicable fees in effect at B Issuance of Planning the time of building permit issuance, including, but not Building limited to, Planning Fees, Building Fees, Dublin San Ramon Permits Service District fees, Public Facilities fees, Tri Valley Transportation fees, Downtown Traffic Impact Fee, Dublin Unified School District impact fees, Alameda County Fire Services fees, Noise Mitigation fees; Inclusionary Housing in lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water connection fees. When and if applicable and customary, credits shall be applied for existing improvements. 14. Property Maintenance. The property shall be maintained in PL On-going Planning accordance with Section 5.64, Property Maintenance of the Dublin Municipal Code. BUIL DING DIVISION 15. Building Codes and Ordinances. All project construction B Through Building shall conform to all building codes and ordinances in effect Completion at the time of building permit. 16. Building Permits. To apply for building permits, the B Issuance of Building Applicant/Developer shall submit five (5) sets of Building construction plans to the Building Division for plan check. Permits Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building pen-nits. 17. Construction Drawings. Construction plans shall be fully B Prior to Building dimensioned (including building elevations) accurately drawn Issuance of (depicting all existing and proposed conditions on site), and Building prepared and signed by a California licensed Architect or Permits Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 18. Addressing. Address will be required on all doors leading to B Prior to Building the exterior of the building. Addresses shall be illuminated Occupancy and be able to be seen from the street, 5 inches in height minimum. 19. Temporary Fencing. Temporary construction fencing shall B Through Building be installed along perimeter of all work under construction. Completion FIRE DEPARTMENT 20. Code Requirements. The project will need to comply with F Issuance of Fire the applicable Building and Fire Codes. Site and Building Building plans shall be provided for review and approval by the Fire Permits Department. 21. Fire Alarm and Sprinkler System. Submittal of fire alarm F Issuance of Fire and fire sprinkler system modifications is required. Building Permits POLICE DEPARTMENT 22. Non Residential Security Ordinance. The Applicant shall PO Prior to Police comply with all applicable City of Dublin Non Residential Occupancy Security Ordinance requirements. The Code includes sections related to lighting within bathrooms, exterior lighting, and exterior doors. • The church shall adopt one address and make that address visible on all exterior doors. • The church shall display a diagrammatic map of its facility, showing the location of various rooms/offices. The map shall be displayed within the main entrance or in the main office, once the merging of the two spaces is complete. 23. Room Signage. All interior doors leading to locker rooms, PO Prior to Police storage, offices, etc., shall be identified with lettering or Occupancy signs. This will assist first responders in an emergency situation. 24. Exterior Doors. All exterior doors shall be identified PO Prior to Police according to the rooms/space they access: office, entrance, Occupancy equipment room, exit only, etc. PASSED, APPROVED AND ADOPTED this 10th day of February 2009. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager G:IPAM20081PA 08-042 The Well ChurchlPC 02.10.09'PCReso 2.10.09.doc