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HomeMy WebLinkAbout8.1 Attch 3 Reso Apprv'g CUP RESOLUTION NO. 13-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR A COMMUNITY FACILITY (PLACE OF WORSHIP) AT 4288 DUBLIN BOULEVARD, SUITE 221 (CROSSPOINT CHURCH) PLPA-2013-00028 WHEREAS, the Applicant, Stephen Ng, has submitted an application on behalf of Crosspoint Church of Silicon Valley for a Conditional Use Permit for a Community Facility (Place of Worship) at 4288 Dublin Boulevard, Suite 221; and WHEREAS, the Project is located in Planned Development (PD) Zoning District PA 98- 047; and WHEREAS, a Community Facility (Place of Worship) is permitted in the Planned Development Zoning District subject to approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, the California Environmental Quality Act (CEQA), 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, pursuant to CEQA, the Planning Commission finds this project Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15301, Existing Facilities; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Conditional Use Permit request; and WHEREAS, the Planning Commission held a public hearing on said application on September 24, 2013; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Conditional Use Permit application: A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the Project is located on a parcel that is developed as a commercial shopping center; 2) the Project site is accessible from existing driveways on John Monego Court and Glynnis Rose Drive; and 3) the Project site is surrounded by existing commercial uses. ATTACHMENT 3 B. It 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 in that: 1) the Project will conform to all applicable regulations contained in the Dublin Zoning Ordinance; and 2) conditions of approval have been applied to the Project to ensure on-going compatibility with the Project's surroundings. C. It will not be injurious to property or improvements in the neighborhood in that: 1) all activities will occur indoors; 2) the Project is located within a portion of an existing shopping center; 3) a condition of approval has been placed on the Project that limits the activities to life and church ministry classes and prohibits the holding of worship services; and 4) the hours of operation do not conflict with the peak lunch and dinner hours at the shopping center in which the Project is located. D. 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 in that: 1) vehicular access to the site is available from existing driveways on John Monego Court and Glynnis Rose Drive; 2) the Project frontages are fully improved with sidewalks that provide pedestrian access to the Project; and 3) the Project will be located on a fully developed site that is served by existing utilities and services. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the Project is located on a parcel that is developed as a shopping center and is accessible to vehicles and pedestrians from existing driveways and sidewalks on John Monego Court and Glynnis Rose Drive; 2) a condition of approval has been placed on the Project limiting the activities to life and church ministry classes and prohibiting the holding of worship services; and 3) all required parking will be provided on-site or on the adjacent property with which there is an off-site parking agreement. 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 in that: 1) the Project is located within a PD (Planned Development) Zoning District and the PD regulations permit Community Facilities subject to approval of a Conditional Use Permit from the Planning Commission; 2) the Project is located on a parcel that is developed as a commercial shopping center; and 3) all required parking will be provided on-site or on the adjacent property with which there is an off-site parking agreement. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that. 1) Community Facility uses are consistent with the General Plan and Eastern Dublin Specific Plan Land Use designation of Campus Office which allows non-retail uses that do not generate nuisances related to emissions, noise, odors, or glare. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby approve a Conditional Use Permit for a Community Facility (Place of Worship) at 4288 Dublin Boulevard, Suite 221 as shown on the project plans date stamped received by Dublin Planning on July 23, 2013, and in the written statement date stamped received by Dublin Planning on June 6, 2013 and incorporated by reference, subject to the following conditions: 2of8 CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to establishment of use, and shall be subject to Planning Division review and approval. 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] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [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. When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: GENERAL 1. Approval. This Conditional Use Permit PL Planning approval is for Crosspoint Church of Silicon Valley to operate a Community Facility (PLPA- 2013-00028). This approval shall be as generally depicted and indicated on the plans prepared by Studio02 dated received by Dublin Planning on July 23, 2013, the Written Statement dated received by Dublin Planning on June 6, 2013 and other plans, text and diagrams related to this approval, stamped approved and on file in the Community Development Department, except as modified b the ollowing Conditions of Approval. 2. Effective Date. This Conditional Use Permit PL DMC approval becomes effective 10 days following 8.96.020.H action by the Planning Commission unless and appealed before that time in accordance with 8.136 the Dublin Zoning Ordinance. 3. Permit Expiration. Construction or use shall PL 1 year DMC commence within one (1) year of Permit from 8.96.020.D approval or the Permit shall lapse and become approval null and void. 4. Time Extension. The original approving PL 1 year DMC decision-maker may, upon the Applicant's from 8.96.020.E written request for an extension of approval approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable 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 3 of 8 meeting shall be held as required by the articular Permit. 5. Modifications. The Community Development PL On-going DMC Director may consider modifications or changes 8.100 to this Permit approval if the modifications or changes proposed comply with applicable sections of the Zoning Ordinance. 6. Revocation of Permit. The Permit approval PL On-going DMC shall be revocable for cause in accordance with 8.96.020.1 Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Requirements and Standard Conditions. The Various Issuance Various Applicant/Developer shall comply with of building applicable City of Dublin Fire Prevention permits or Bureau, Dublin Public Works Department, installation Dublin Building Department, Dublin Police of Services, Alameda County Flood Control District improve- Zone 7, Livermore Amador Valley Transit ments Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services 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. 8. Fees. Applicant/Developer shall pay all Various Issuance Various applicable fees in effect, including, but not of building limited to, Planning fees, Building fees, Traffic permits Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees (per agreement between Developer and School District), Fire Facilities Impact fees, Noise Mitigation fees, Inclusionary Housing In- Lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 9. Indemnification. The Developer shall defend, ADM On-going Admin/City indemnify, and hold harmless the City of Dublin Attorney and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to 4of8 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 proceeding and the City's full cooperation in the defense of such actions or proceedings. 10. Clarifications to the Conditions of Approval. PL On-going Planning In the event that there needs to be clarification to the Conditions of Approval, the Community Development Director has the authority to clarify the intent of these Conditions of Approval to the Applicant without going to a public hearing. The Community Development Director also has the authority to make minor modifications to these Conditions of Approval without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts to this project. 11. Controlling Activities. The PL Through Planning Applicant/Developer shall control all activities on construct- the project site so as not to create a nuisance to ion and existing/surrounding businesses and/or on-going residences. 12. Clean-up. The Applicant/Developer shall be PL Through Planning responsible for clean-up and disposal of project construct- related trash to maintain a safe, clean, and litter- ion free site. 13. Property Maintenance. The PL On-going DMC Applicant/Developer and property owner shall 5.64.050 be responsible for maintaining the site in a clean and litter free condition during construction and through completion. Per the City of Dublin Non- Residential Property Maintenance Ordinance, DMC Section 5.64.050, the Applicant/ Property Owner shall maintain the building, site and all signage in good condition and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. 5 of 8 PLANNING DIVISION - GENERAL 14. Outdoor Events. Any outside events shall be PL On-going DMC subject to the Temporary Use Permit 8.108 requirements contained in the City of Dublin Municipal Code, specifically Section 8.108.020. 15. Temporary Promotional Signs. Temporary PL On-going DMC Promotional Signs, including but not limited to, 8.84 banner signs and balloons, are subject to compliance with Chapter 8.84 of the Dublin Zoning Ordinance and require a Zoning Clearance from the Planning Division prior to installation. 16. Permanent Signage. All permanent signage PL On-going Planning shall conform to the existing Master Sign Program for Ulfert's Center. 17. Window Signs. Window signs shall be limited PL On-going Planning to 10% of the window area as specified in the Ulfert's Center Master Sign Program. 18. Business License. The Applicant shall apply PL Occupanc Planning for a City of Dublin Business License prior to y occupancy. 19. Noise/Nuisances. Th e Applicant shall control PL On-going DMC all activities so as not to create unusual or 5.28 unnecessary noise which annoys or disturbs or injures or endangers the health, repose peace or safety of any reasonable person of normal sensitivity resent in the area. 20. Accessory/Temporary Structures and Uses. PL Placement DMC A Temporary Use Permit is required for all on-site 8.108 construction trailers, security trailers and storage containers used during construction. 21. Equipment Screening. All electrical and/or PL Issuance Planning mechanical equipment shall be screened from of building public view. Any roof-mounted equipment shall permits be completely screened from view by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Community Development Director. CONDITIONAL USE PERMIT 22. Approval Period. This Conditional Use Permit PL On-going Planning 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- ear period. 23. Annual Review. On an annual basis, this PL On-going Planning Conditional Use Permit approval may be subject 6 of 8 to a review by the Community Development Director to determine compliance with the Conditions of Approval. 24. Days and Hours of Operation. The activities PL On-going Planning shall be restricted to life and church ministry classes (and similar group classes/meetings) as described in the Applicant's Written Statement dated received by Dublin Planning on June 6, 2013, and shall not include worship services. Any other events and activities proposed by the church shall first be subject to review by the Community Development Director. The allowed activities are limited to the following days and hours of operation: Monday — Friday. 8:00 a.m. to 11:30 a.m.; 3:00 p.m. to 5:30 p.m.; and 8:00 p.m. to 10:00 P.M. Saturday: 3:00 p.m. to 5:30 p.m. Sunday. 2:00 p.m. to 5.30 p.m. PLANNING DIVISION - CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN 25. 1 Non-Residential Security Requirements. The PL On-going Planning Applicant/Property Owner, and/or their designee, shall comply with the City of Dublin Non-Residential Security Requirements. BUILDING DIVISION 26. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes Completio and ordinances in effect at the time of building n permit. 27. Building Permits. To apply for building B Issuance Building permits, Applicant/Developer shall submit five of Building (5) sets of construction plans to the Building Permits Division for plan 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. Applicant/Developer will be responsible for obtaining the approvals of all participation non- City agencies prior to the issuance of building permits. 28. Construction Drawings. Construction plans B Issuance Building shall be fully dimensioned, accurately drawn of Building (depicting all existing and proposed conditions Permits 7of8 on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations (if required) 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. Project to comply with regulations for existing buildings per CBC Chapter 1134B as it relates to interior and exterior accessibility (i.e., accessible path of travel to building's main entrance, accessible parking, signage, curb ramps, etc.). Additional detailing shall be required to verify compliance. PASSED, APPROVED AND ADOPTED this 24th day of September 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 8 of 8