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HomeMy WebLinkAbout8.2 Attch 2 Reso SDR PA 09-025 Resurrection Lutheran Church SDRRESOLUTION N0.09 - XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW TO ALLOW THE CONSTRUCTION OF A TEMPORARY MODULAR BUILDING AT 7557 AMADOR VALLEY BOULEVARD (APN 941-0174-003) PA 09-025 WHEREAS, the Applicant, Resurrection Lutheran Church, has requested approval of a Site Development Review to construct a temporary modular building to allow for the expansion of an existing daycare facility and church; and WHEREAS, the temporary modular building will be located on the site for a maximum period of ten years; and WHEREAS, a complete application for a Site Development Review was submitted and is available and on file in the Community Development Department; and WHEREAS, the Applicant submitted project plans and a written statement received by the Planning Division on September 16, 2009; 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 the CEQA Guidelines Section 15301; and WHEREAS, the Planning Commission held a public hearing on said application on November 24, 2009; and WHEREAS, proper notice of said public hearing was given in all respects as required bylaw; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve a Site Development Review subject to the findings contained herein to allow the temporary modular building at 7557 Amador Valley Boulevard; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Site Development Review: A. The proposal is consistent with the purposes of Chapter 8.104 of the Zoning Ordinance, with the General Plan and with any applicable Specific Plans and design guidelines because: 1) the modular building is temporary in nature and will not be located on the site ATTACHMENT 2 for more than 10 years as required by the Conditions of Approval; 2) approval of the temporary modular building will allow the Church to expand the existing daycare and church programs; 3) the Project is consistent with the General Plan land use designation of Public/Semi-Public; and 4) the modular building is located at the rear of the property and will not be visible from the right-of--way. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the Project contributes to orderly, attractive and harmonious site and structural development compatible with the existing site layout and surroundings properties; and 2) complies with the development regulations set forth in the Zoning Ordinance where applicable. 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 building will be located at the rear of the property, behind the existing childcare building and therefore will not be visible from the street; 2) the modular building is temporary and will be removed from the site within ten years; 3) the colors and materials of the modular building are compatible with the colors and materials of the existing buildings; 4) the site, including the temporary modular building will have a Floor Area Ratio of .20 which is consistent with the maximum Floor Area Ratio in the General Plan; and 5) the proposal will allow the expansion of the existing church and daycare which is consistent with the intent of the Public/Semi-Public General Plan Land Use Designation. D. The subject site is physically suitable for the type and intensity of the approved development because: the Project allows a minor intensification in the existing approved use which has operated on the site for many years. E. Impacts to existing slopes and topographic features are addressed because: the site is generally flat and no significant topographic features exist. 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) the modular building will be screened from view from the street; 2) the modular building will be located in an existing landscape area between the existing childcare building and the on-site parking lot; and 3) the design of the modular building is compatible with the existing buildings. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: existing landscaping will be removed to accommodate the project and new landscape materials will be planted prior to completion of the project. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles because: the modular building will be located in an existing landscape area and therefore, circulation on the site will not be modified. 2of13 BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 09-025, Site Development Review, to allow a temporary modular building at 7557 Amador Valley Boulevard subject to the following Conditions of Approval: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to approval of the final map, unless noted otherwise. The following codes represent those departments/agencies 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] City of Dublin Fire, [DSR] Dublin San Ramon Services District, [AVI] Amador Valley Industries, [CO] Alameda County Department of Environmental Health, [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7, [LAVTA] Livermore Amador Valley Transit Authority, and [CHS] California Department of Health Services. NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. PLAN NING CONDITIONS 1. Approval. This Site Development Review approval PL On-going Standard for PA 09-025 is to allow a temporary modular building for the Lutheran Church of the Resurrection at 7557 Amador Valley Blvd. This approval shall generally conform to the Applicant's written statement date stamped received by the Dublin Planning Department on September 16, 2009 and project plans date stamped received by the Dublin Planning Department on September 16, 2009, consistin of a cover sheet, site lan and floor lan. 2. Permit Expiration. Construction shall commence PL Two years DMC within two (2) years of Permit approval or the from permit 8.96.020.D Permit shall lapse and become null and void. approval Commencement of construction or use means the actual construction or use pursuant to the Permit approval or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. The original approving decision- PL One year from DMC maker may, upon the Applicant's written request for permit 8.96.020.E an extension of approval prior to expiration, and approval upon the determination that any Conditions of A royal remain ade uate to assure that a licable 3 of 1S NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as re uired b the articular Permit. 4. Expiration. The temporary modular building is PL 10 Years From Planning approved to be located on the site for a maximum Occupancy period of ten years from occupancy. The building shall be removed from the site and the site shall be returned to its revious state. 5. Fees. Applicant/Developer shall pay all applicable Various Building Various fees in effect at the time of building permit issuance, Permit including, but not limited to, Planning fees, Building Issuance 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 ma be ado ted and a licable. 6. Revocation of Permit. This permit shall be PL On- DMC revocable for cause in accordance with Dublin going 8.96.020.I Zoning Ordinance Section 8.96.020.I, Revocation. Any violation of the terms and conditions of this ermit ma be sub'ect to the issuance of a citation. 7. Clarification to the Conditions of Approval. In the Various On-going Standard event that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer 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 miti ations resultin from im acts to this ro'ect. 8. Requirements and Standard Conditions. The Various Building Standard Applicant/ Developer shall comply with applicable Permit City of Dublin Fire Prevention Bureau, Dublin Issuance Public 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 District and the California 4 OI 1 S NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 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. 9. Required Permits. Developer shall obtain all Various Building Standard permits required by other agencies including, but not Permit limited to Alameda County Flood Control and Water Issuance 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. 10. Compliance. Failure to comply with these PL On-going Chapter conditions may result in enforcement by the 8.144 of the Community Development Department in accordance Dublin with Chapter 8.144 of the Dublin Zoning Ordinance. Zoning Ordinance 11. Hold Harmless/Indemnification. The Developer Various On- Administrati shall defend, indemnify, and hold harmless the City going on/City of Dublin and its agents, officers, and employees Attorney from any claim, action, or proceeding against the City of 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 related to this project 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 proceeding and the City's full cooperation in the defense of such actions or roceedin s. 12. Parking. The parking area shall be used in the PL On- Planning manner represented in application plans, written and going verbal statements and other documents, and as sti ulated in this Conditional Use Permit. 13. Property Maintenance. The Applicant shall PL On- DMC maintain all buildin materials in ood condition, going 5.64 ~ of i s NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. including canvas awnings and signs, and shall keep the site clear of graffiti vandalism on a regular and continuous basis. 14. Graffiti. The Applicant/Developer and/or building PW, PL, PO On-going Public tenant(s) shall keep the site clear of graffiti Works vandalism on a regular and continuous basis. Graffiti resistant paint for structures and film for windows or lass should be used whenever ossible. 15. Nuisance. The Applicant shall control all business PL On- DMC activity so as not to create a public or private going 5.28.020 nuisance to the existing and surrounding businesses and residents. 16. Licensing Updates. On a continuous basis, the PL On-going Planning Applicant shall provide the City of Dublin Planning Department with current operating licenses issued by the State of California Department of Social Services for the Child Care Center and the Preschool. BUILD ING CONDITIONS 17. Building Codes and Ordinances. All project B Completion Building construction shall conform to all building codes and ordinances in effect at the time of building permit including all accessibility requirements outlined by the State of California. 18. Building Permits. To apply for Building Permits, B Building Building the Applicant/Developer shall submit five (5) sets of Permit construction plans to the Building Division for plan check. Each set of plans shall have an annotated copy of these Condition of Approval attached. 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 resolution attached to each set of plans. The Applicant/Developer will be responsible for obtaining the approvals of all participating non-City a encies rior to the issuance of Buildin Permits. 19. Construction Drawings. Construction plans shall B Building Building be fully dimensioned (including building elevations) Permit accurately drawn (depicting all existing and Issuance proposed conditions on site), and prepared and signed by a California licensed Architect or 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. 6of13 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. FIRE CONDITIONS 20. Building and Fire Codes. The project shall comply F Building Fire with all applicable Building and Fire Codes. Site and Permit Building plans shall be provided for review and Issuance a royal b the Fire De artment. 21. Fire Access During Construction. Access roads, F Through Fire turnarounds, pullouts and fire operation areas are Completion Fire Lanes and shall be maintained clear and free of obstructions including the parking of vehicles. Entrances to the job site shall not be blocked, including after hours, other than by approved gates/barriers that provide for emergency access. Site utilities that would require the access road to be dug up or made impassible shall be installed prior to combustible construction commencin . 22. Fire Alarm (Detection) System Required. A Fire F Building Fire Alarm-Detection System shall be installed Permit throughout the building so as to provide full property Issuance protection including combustible concealed spaces, as required by NFPA 72. The system shall be installed in accordance with NFPA 72, California Fire, Buildin ,Electrical and Mechanical Codes. PUBL IC WORKS CONDITIONS 23. Required Permits. An encroachment permit from PW Issuance of Public Works the Public Works Department may be required for Building any work done within the public right-of--way. Permits and On oin 24. Standard Public Works Conditions of Approval. PW Prior to Public Works Applicant/Developer shall comply with all approval of applicable City of Dublin Public Works Standard Improvement Conditions of Approval. In the event of a conflict Plans between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 25. Improvement Agreement and Security. Pursuant PW Prior to Public Works to §7.16.620 of the Municipal Code, the Applicant approval of shall obtain a Grading/Sitework Permit from the Improvement Public Works Department that governs the Plans installation of required site improvements. As a condition of issuance of said permit, Improvement Security shall be posted to guarantee the faithful performance of the permitted work. Such security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a permit bond executed b the a licant and a co orate suret authorized to ioris NO CONDITION TEXT RESPON. AGENCY/ DEPART. WHEN REQUIRED SOURCE do business in California. The amount of the security will be based on the estimated cost of the site work (excluding the building). The applicant shall provide an estimate of these costs for City review with the first lan submittal. 26. Improvement and Grading Plans. All PW Prior to Public Works improvement, drainage, utility and grading plans approval of submitted to the Public Works Department for Improvement review/approval shall be prepared in accordance Plans ' with the approved CUP, these Conditions of Approval, and the City of Dublin Municipal Code including Chapter 7.16 (Grading Ordinance). Design plans shall be prepared to engineering scale of 1'=40'. All printing and lettering shall be 1/8" minimum height and such shape and weight as to be readily legible on prints and microfilm reproductions. When submitting plans for review/approval, the Applicant/Developer shall also fill=out and submit a City of Dublin Improvement Plan Review Checklist (three 8-1/2" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes (three 8-1/2" x 11" pages). For on- site improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8-1/2" x 11" pages). All of these reference documents are available from the Public Works Department (call telephone 925-833-6630 for more information). The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the approved SDR, and the City design standards & ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. A detailed Erosion Control Plan shall be included with the Grading Plan. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. Detailed Engineer's Estimate of improvement costs shall be submitted with the lans. 8of13 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 27. Erosion Control during Construction. PW Prior to Public Works Applicant/Developer shall include an Erosion and issuance of Sediment Control Plan with the Grading and Grading/Sitew Improvement plans for review and approval by the ork Permit and City Engineer and/or Public Works Director. Said during plan shall be designed, implemented, and continually construction maintained pursuant to the City's NPDES permit between October 15` and April 15`h or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer and/or Public Works Director. All grading, construction, and development activities within the City of Dublin must comply with the provisions of the Clean Water Act. Proper erosion control measures must be installed at development sites within the City during construction, and all activities shall adhere , to Best Management Practices. 28. Storm Drain Improvements. Applicant/Developer PW Prior to Public Works shall install new Triton Filters in all on site catch issuance of basins. Occupancy Permit(s) 29. Storm Water Treatment Measures Maintenance PW Prior to Public Works Agreement. Applicant/Developer shall enter into an ~ issuance of agreement with the City of Dublin that guarantees Occupancy the property owner's perpetual maintenance Permit(s) obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-0021 for the reissuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. 30. Accessible Walkway. Applicant shall provide an PW Prior to Public Works accessible concrete walkway from the public issuance of sidewalk on Amador Valley Boulevard to the Occupancy building entrance per California Building Code Permit(s) requirements. Said walkway shall be 4'-minimum . width with compliant curb ramps at transitions between the walkway and the drive aisle crossings. Please provide appropriate notes and details on the plans. Please refer to current City of Dublin standards for more details. 9of13 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 31. Disabled Parking Stall. The existing/proposed PW Prior to Public Works disabled access parking stalls that directly serve the issuance of subject tenant space must be upgraded to conform to Occupancy current ADA/Title 24 standards. Permit(s) 32. Driveway. The Applicant/Developer shall upgrade PW Prior to Public Works the existing driveways at Amador Valley Boulevard issuance of to conform to the current City standard. Occupancy Permit s 33. Signs and Pavement Markings. The PW Prior to Public Works Applicant/Developer shall be responsible for the issuance of following on-site traffic signs and pavement Occupancy markings: Permit(s) a. Directional pavement arrows in the drive aisles. b. R26F "No Stopping -Fire Lane" signs shall be posted on-site along all curbs that are longer than 20' and that parallel the drive aisles as required by the Fire Marshall. c. R100B (disabled parking regulations sign) shall be .installed at each of the driveway entrance to the site with amended text to read "...maybe reclaimed at DUBLIN POLICE or by telephoning 833-6670". d. Handicapped parking signs and legends per State Title 24 requirements. e. The word "Compact" (12" high letters) shall be stenciled on the pavement surface within each compact parking space. f. "No Dumping - Drains to Bay" markers at all storm drain inlets. g. Any other signs and markings deemed reasonably necessary by the City Engineer and/or Public Works Director durin final desi and/or construction. 34. Construction Hours. Construction and grading PW During Public Works operations shall be limited to weekdays (Monday Construction through Friday) and non-City holidays between the hours of 8:00 a.m. and 5:00 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:00 pm by submitting a request form to the City Engineer no later than 5:00 pm the prior Wednesday. Overtime inspection rates will a 1 for all Saturda and/or holida work. 1 U of 13 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 35. Damage/Repairs. The Applicant/Developer shall PW Occupancy Public Works be responsible for the repair of any damaged pavement, curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the develo ment of the ro'ect. DUBL IN SAN RAMON SERVICE DISTRICT 36. DSRSD will calculate and require payment of DSRSD Building DSRSD demand fees from those projects that increase Permit demands on sanitary sewer services prior to issuance Issuance of a Buildin Permit. 37. Prior to issuance of a building permit, complete DSRSD Building DSRSD improvement plans shall be submitted to DSRSD Permit that conform to the requirements of the Dublin San Issuance Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD olicies. 38. All mains shall be sized to provide sufficient DSRSD Building DSRSD capacity to accommodate future flow demands in Permit addition to each development's project's demand. Issuance Layout and sizing of mains shall be in conformance with DSRSD utilit master lannin . 39. Sewers shall be designed to operate by gravity flow DSRSD Building DSRSD to DSRSD's existing sanitary sewer system. Permit Pumping of sewage is discouraged and may only be Issuance allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria and final plans and specifications. DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. 40. DSRSD policy requires public water and sewer lines DSRSD Building DSRSD to be located in public streets rather than inoff-street Permit locations to the fullest extent possible. If Issuance unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in anoff-street or private street location to provide access for future maintenance and/or replacement. 11ot1~ NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 41. Prior to approval by the City of a grading permit of a DSRSD Building DSRSD Site Development Review Permit, the locations and Permit widths of all proposed easement dedications for Issuance water and sewer lines shall be submitted to and a roved b DSRSD. 42. All easement dedications for DSRSD facilities shall DSRSD Building DSRSD be by separate instrument irrevocably offered to Permit DSRSD orb offer of dedication on the Final Ma Issuance 43. Prior to issuance by the City of any Building Permit DSRSD Building DSRSD or Construction Permit by the Dublin San Ramon Permit Services District, whichever comes first, all utility Issuance connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 44. Prior to issuance by the City of any Building Permit DSRSD Building DSRSD or construction Permit by the Dublin San Ramon Permit Services District, whichever comes first, all Issuance improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water system, a performance bond, aone- yearmaintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The application shall allow at least 15 working days for final improvement drawing review by DSRSD before si ature b the District En ineer. 45. No sewer line or waterline construction shall be DSRSD Building DSRSD permitted unless the property utility construction Permit permit has been issued by DSRSD. A construction Issuance permit will only be issued after all of the items in Condition No. 44 have been satisfied. 46. The applicant shall hold DSRSD, it's Board of DSRSD Building DSRSD Directors, commissions, employees, and agents of Permit DSRSD harmless and indemnify and defend the Issuance same from any litigation, claims, or fines resulting from the construction and com letion of the ro'ect. 12 of 13 PASSED, APPROVED AND ADOPTED this 24th day of November 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G: I/'A#120091PA 09-025 Lutheran Church Temp B1dgIPC Reso SDR.doc 13 of 13