HomeMy WebLinkAboutPC Reso 13-29 Crosspoint Church CUP RESOLUTION NO. 13-29
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.
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:
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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
by the following 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
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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
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meeting shall be held as required by the
particular 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, MC 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
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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.
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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. The 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 present 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-
year period.
23. Annual Review. On an annual basis, this PL On-going Planning
Conditional Use Permit approval may be subject
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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. 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
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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: O'Keefe, Bhuthimethee, Do, Goel, Kohli
NOES:
ABSENT:
ABSTAIN:
144)(!5
ping Commission Chair
ATTEST:
Assistant munity Development Director
G:IPA#120131PLPA-2013-00028 Crosspoint Church CUPIPC 9.24.13IPC Peso Crosspoint Church CUP.doc
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