HomeMy WebLinkAboutPC Reso 09-05 Appv Valley Christian Ctr Modulr Bldg SDR/CUP PA09-004RESOLUTION NO. 09-05
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A SITE DEVELOPMENT REVIEW/CONDITIONAL USE PERMIT TO
RELOCATE THE EXISTING ADMINISTRATION MODULAR BUILDING AND ALLOW THE
EXISTING MODULAR CLASSROOM AND ADMINISTRATION BUILDINGS TO REMAIN ON
THE SITE FOR AN ADDITIONAL TEN YEARS AT THE VALLEY CHRISTIAN CENTER
LOCATED AT 7500 INSPIRATION DRIVE
PA 09-004
WHEREAS, the Applicant, Valley Christian Center, has requested approval of a Site
Development Review/Conditional Use Permit to relocate the existing administration modular building
and allow the existing modular classroom and administration buildings to remain on the site for an
additional ten years; and
WHEREAS, the Planned Development (PA00-017) for Valley Christian allows the Planning
Commission to review a Site Development Review/Conditional Use Permit request for the continuation of
the modular buildings past the initial five year period; and
WHEREAS, the administration modular building will need to be relocated in order to
accommodate the future sanctuary building planned for in the Valley Christian Master Plan (PA 00-017);
and
WHEREAS, the Applicant has submitted a complete application for Site Development
Review/Conditional Use Permit for the relocation and time extension; and
WHEREAS, the Applicant has submitted project plans for the requested entitlement prepared by
Hilbers Inc. received by the Planning Division on January 16, 2009; and
WHEREAS, the California Environmental Quality Act (CLQA), together with State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared; and
WHEREAS, the City Council certified an Environment Impact Report (Resolution No. 92-03) for
the Valley Christian Center Master Plan on May 20, 2003 (SCH 2002012070); and
WHEREAS, pursuant to the CEQA, the proposed project is categorically exempt from further
CEQA review pursuant to Section 15314, Class 14, which exempts schools from CEQA review for
additions to a school which will not increase the student population by more than 25%. The proposed time
extension and relocation of the modular buildings will be utilized by the existing student body and the
existing administration and therefore will not result in an increase In the total number of students on the
site; and
WHEREAS, a Staff Report was submitted to the Planning; Commission on February 24, 2009
recommending approval of said application; and
WHEREAS, the Planning Commission did hold a public hec'Lring on said application; and
WHEREAS, proper notice of said hearing was given in all respects as required by law.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin
does hereby make the following findings and determinations regarding the proposed Site Development
Review:
A. The proposed project, as conditioned, is consistent with the purpose of Chapter 8.104, Site
Development Review of the Zoning Ordinance, with the General Plan and with any applicable
Specific Plans and design guidelines because: 1) the proposed project is consistent with the use of
the property which is used for a church and school; 2) the facilities are temporary in nature and
will be required to be removed in 10 years, unless an extension is granted by the Planning
Commission; and 3) the modular buildings are located on the site so that views of the structure are
limited.
B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the
temporary facilities will be used to support the school and church; 2) the facilities are temporary
and, as conditioned, the permit will expire in ten years unless an extension is approved by the
Planning Commission; and 3) the use of the facilities is consistent with typical uses for schools
and churches.
C. The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot
in which the project is proposed because: 1) the modular buildings are currently located on the
site; 2) the modular buildings are allowed by the Planned Development for the site (PA 00-017)
with approval of a Site Development Review/Conditional Us.- Permit; 3) the modular buildings are
not visible from the street; and 3) the modular buildings are used to support the existing school and
church.
D. The subject site is physically suitable for the type and intensity of the approved development
because: the modular buildings are located on an already improved site to meet the needs of the
existing facility until such time that the permanent buildings can be constructed.
E. Impacts to existing slopes and topographic features are addressed because: the site has been
graded to accommodate the existing modular buildings.
F. Architectural considerations including the character, scale and quality of the design, site layout,
the architectural relationship with the site and other buildings, screening of unsightly uses,
lighting, building materials and colors and similar elements result in a project that is harmonious
with its surroundings and compatible with other development in the vicinity because: 1) modular
buildings are temporary in nature; 2) the modular buildings are currently located on the site; and 3)
the modular buildings are not visible from the street.
G. Landscape considerations, including the location, type, size, color, texture and coverage of plant
materials, and similar elements have been incorporated ini'o the project to ensure visual relief,
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adequate screening and an attractive environment for the public because: no changes are proposed
to the landscaping on the site.
H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and
automobiles because: 1) access is provided to the existing facilities; and 2) once relocated, the
administration building will be located on the existing surplus parking lot.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby
make the following findings and determinations regarding the proposed Conditional Use Permit:
A. The proposed use and related structures is compatible with other land uses, transportation and
service facilities in the vicinity because: the modular buildings are used to support the Valley
Christian Center and approval of the Conditional Use Permit will allow these buildings to continue
to exist on the site.
B. It will not adversely affect the health or safety ofpersons residing or working in the vicinity, or be
detrimental to the public health, safety and welfare because: the modular classrooms are not
visible from the street and the relocated administration building will be required to comply with all
current regulations.
C. It will not be injurious to property or improvements in the neighborhood because: the modular
buildings currently exist on the site and approval of the Conditional Use Permit will allow the
buildings to remain on the site for an additional ten years.
D. There are adequate provisions for public access, water, sanhation 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: the buildings are existing buildings and no expansion of the
use is proposed by this Conditional Use Permit.
E. The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed because: the modular buildings ar,- located on the site to meet the needs
of the existing facility until such time that the permanent buildings can be constructed.
F. It 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) the temporary
facilities will be used to support the school and church; 2) the facilities are temporary and, as
conditioned, the permit will expire in ten years unless an extension is approved by the Planning
Commission; and 3) the use of the facilities is consistent with typical uses for schools and
churches.
G. It is consistent with the Dublin General Plan and with any applicable Specific Plans because: the
modular buildings are used to support the Valley Christian Center.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said
application, Site Development Review/Conditional Use Permit. to relocate the existing modular
administration building and allow the two existing modular classrooms and modular administration
building to remain on the site for an additional ten years at the `/alley Christian Center located 7500
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Inspiration Drive, as generally depicted in the written statement and project plans prepared by Hilbers Inc.
received by the Planning Division on January 16, 2009, labeled Exhibit A to this Resoultion stamped
approved, and on file with the Community Development Department, subject to 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 subject to Planning Department review and
approval. The following codes represent those departmentshajencies responsible for monitoring
compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works,
[ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] Alameda
County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal,
[CO] Alameda County Department of Environmental Health, [Zone 71, Alameda County Flood Control
and Water Conservation District, Zone 7, [LAVTA], Livermore Amador Valley Transit Authority, [CHS],
California Department of Health Services.
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
L Approval. This Site Development PL Ongoing Standard
Review/Conditional Use Permit approval for PA 09-
004 is to allow for an extension of the modular
buildings and to relocate one modular building.
Development pursuant to this Conditional Use Permit
generally shall conform to the project plans submitted
by Hilbers Inc. received February 4, 2009 on file in the
Community Development Department, and other
plans, text, and diagrams relating to this Site
Development Review, unless modified by the
Conditions of Approval contained herein.
2. Approval Period. This Site Development PL On-going Planning
Review/Conditional Use Permit approval shall be null
and void in the event the approved use fails to be
established within one year, or ceases to operate for a
continuous one-year period.
3. Expiration. This Site Development PL February 24, Planning
Review/Conditional Use Permit shall be valid for a 2019
period of ten years or until such time that the
permanent building is constructed, whichever comes
first. Prior to expiration of the Conditional Use
Permit, the Applicants may apply for an extension to
be reviewed b the Planning Commission.
4. Annual Review. On an annual basis, this Conditional PL, PO On-going Planning
Use Permit approval may be subject to a review by the
Planning Manager to determine compliance with the
Conditions of Approval.
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NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
5. Revocation. This permit shall be revocable for cause PL On-going DMC
in accordance with Dublin Zoning Ordinance Section 8.96.020.1
8.96.020.1, Revocation. Any violation of the terms
and conditions of this permit may be subject to the
issuance of a citation.
6. Minor Amendments. Modifications or changes to PL On-Going DMC
this Site Development Review/Conditional Use Permit 8.100.080
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 Zonin Ordinance.
7. Nuisance. The Applicant shall control all business PL On-going DMC
activity so as not to create a public or private nuisance 5.28.020
to the existing and surrounding businesses and
residents.
8. Clean-up. The Applicant/Developer shall be PL On-going Planning
responsible for clean-up and disposal of project related
trash to maintain a safe, clean, and litter-free site.
9. Controlling Activities. The Applicant/Developer PL On-going Planning
shall control all activities on the project site so as not
to create a nuisance to the existing or surrounding
businesses and residences.
10. Clarifications and Changes to the Conditions. In PW Approval of Public
the event that there needs to be clarification to these Improvement Works
Conditions of Approval, the Directors of Community Plans
Development and Public Works have the authority to
clarify the intent of these Conditions of Approval to
the Applicant/Developer by a written document signed
by the Directors of Community Development and
Public Works and placed in the project file. The
Directors also have the authority to make minor
modifications to these conditions without going to a
public hearing in order for the Developer to fulfill
needed improvements or mitigations resulting from
impacts of this project.
11. Requirements and Standard Conditions. The Various Issuance of Standard
Applicant/ Developer shall comply with applicable Building
City of Dublin Fire Prevention Bureau, Dublin Public Permits
Works Department, Dublin Building Department,
Dublin Police Services, Alameda County Flood
Control District Zone 7, Livermore Amador Valley
Transit Authority, Alameda County Public and
Environmental Health, Dublin San Ramon Services
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
District and the California Department of Health
Services requirements and standard conditions. Prior
to issuance of building permits or the installation of
any improvements related to this project, the
Developer shall supply written statements from each
such agency or department to the Planning
Department, indicating that all applicable conditions
required have been or will be met.
12. Required Permits. Developer shall obtain all permits B, PW Issuance of Standard
required by other agencies including, but not limited Building
to Alameda County Flood Control and Water Permits
Conservation District Zone 7, California Department
of Fish and Game, Army Corps of Engineers,
Regional Water Quality Control Board, Caltrans and
provide copies of the permits to the Public Works
De artment.
13. Fees. Applicant/Developer shall pay all applicable Various Issuance of Standard
fees in effect at the time of building permit issuance, Building
including, but not limited to, Planning fees, Building Permits
fees, Traffic Impact Fees, TVTC fees, Dublin San
Ramon Services District fees, Public Facilities fees,
Dublin Unified School District School Impact fees,
Fire Facilities Impact fees, Alameda County Flood and
Water Conservation District (Zone 7) Drainage and
Water Connection fees; or any other fee that may be
adopted applicable.
14. Hold Harmless/Indemnification. The Developer Various Completion of Standard
shall defend, indemnify, and hold harmless the City of Improvements
Dublin and its agents, officers, and employees from and Occupancy
any claim, action, or proceeding against the City of of the Building
Dublin or its agents, officers, or employees to attack,
set aside, void, or annul an approval of the City of
Dublin or its advisory agency, appeal board, Planning
Commission, City Council, Community Development
Director, Zoning Administrator, or any other
department, committee, or agency of the City to the
extent such actions are brought within the time period
required by Government Code Section 66499.37 or
other applicable law; provided, however, that The
Developer's duty to so defend, indemnify, and hold
harmless shall be subject to the City's promptly
notifying The Developer of any said claim, action, or
roceedin and the City's full cooperation in the
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
defense of such actions or proceedings.
15. Trash and Waste Accumulation. The Applicant or PL On-going Planning
any future owner shall provide and conduct regular
maintenance of the site at least once daily, in order to
eliminate and control the accumulation of trash,
excess waste materials and debris.
16. Trash Receptacles. The Applicant shall install two PL Occupancy Planning
trash cans and two recycling bins near the practice
field. The trash cans and recycling bins shall be
re larl em tied b the school.
17. Building Codes and Ordinances. All project B Through Building
construction shall conform to all building codes and Completion
ordinances in effect at the time of Building Permit.
18. Building Permits. To apply for Building Permits, the B Issuance of Building
Applicant/Developer shall submit six (6) sets of Building
construction plans to the Building Division for plan Permits
check. 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.
The Applicant/Developer will be responsible for
obtaining the approvals of all participating non-City
agencies Prior to the issuance of Building Permits.
19. Construction Drawings. Construction plans shall be B Issuance of Building
fully dimensioned (including building elevations), Building
accurately drawn (depicting all existing and proposed Permits
conditions on site). The site plan, landscape plan and
details shall be consistent with each other.
20. Air Conditioning Units. Air conditioning units and B, PL Occupancy Building
ventilation ducts shall be screened from public view
with materials compatible to the main building. Units
shall be permanently installed on concrete pads or
other non-moveable materials to be approved by the
Building Official and Community Development
Director
21. Addressing. Addresses will be required on all doors B Occupancy Building
leading to the exterior of the building. Addresses shall
be illuminated and be able to be seen from the street, 5
inches in height minimum.
22. Temporary Fencing, Tem orary construction fencing B Through Building
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
shall be installed along the perimeter of all work under Completion
construction.
23. Exit Access. All entries and exits from the building B Issuance of CBC
shall be provided with ramps as required by Chapters Building
10 and 11 B of the Building Code. Permit
24. Building Separation/Exterior Wall Openings. B Issuance of Building
Building Permit plans shall include the following Building
information, in addition to the normal items required Permits
for this type of permit:
• Existing building - full site plan, full floor
plan, construction type, occupancy type of each
space, elevation of the wall facing the
relocated trailer and the percentage of openings
in this wall.
• Relocated trailer - full site plan, full floor plan,
construction type, occupancy types of each
space, elevation of the wall facing the existing
building and the percentage of openings in this
wall. .
t?1?ert S+e? vica?
25. Security Ordinance. The project shall comply with P On-going Municipal
Dublin Municipal Code Security Ordinance, Code
particularly with respect to addressing, an illuminated
diagrammatic map (which can be displayed between
Buildin s and li htin .
Pre??entian
26. Building and Fire Codes. The project shall be in F On-going Fire
compliance with Building and Fire Codes as adopted
b the City of Dublin.
27. Wildfire Management Plan. The Proposed location F Issuance of 2001 CFC
of modular building is adjacent wildland interface and Building 902
shall meet construction requirements for wildfire Permits
management. The Applicant shall submit a detailed
wildfire management diagram showing the distance
from homes/buildings, the slopes and the landscaping
including the tree spacing and shall comply with the
following.
• Roof covering shall be Class A roof covering.
• Eaves shall be protected on the exposed
underside by materials approved for one-hour
rated fire resistive construction. Fascias are
required and must be protected on the backside
by materials approved for one-hour rated fire
resistive construction or 2-inch (51 mm)
nominal dimensional lumber.
• Gutters and downspouts shall be constructed of
non-combustible material.
PASSED, APPROVED AND ADOPTED this 24`h day of February 2009 by the following :
AYES: Webrenberg, King, Swalwell and Brown
NOES:
ABSENT: Schaub
ABSTAIN:
ATTEST:
f
'0-0)L -
Planning Commission Chair
(--? Z ,
Planni g M ger
G:\PA#\2009\PA 09-004 VC Modular CUP Extension\SDR Reso 2.24.09.130C