HomeMy WebLinkAbout04-002 JourneyChurchCUP 04-13-2004 AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: April 13, 2004
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
PUBLIC HEARING - PA 04-002 Journey Church, Conditional
Use Permit Extension (1-year extension)
Report prepared by: ~lanet Harbin, Senior Planner
1. Resolution approving a 1-year extension to the existing
Conditional Use Permit for the Journey Church, subject to
conditions of approval
2. Resolution denying a 1-year extension to the existing
Conditional Use Permit for the Journey Church (including
Findings supporting denial)
3. Project Plans
4. Applicant's Written Statement requesting a 1-year Conditional
Use Permit extension
5. Ordinance 2-04, Interim Urgency Ordinance for the Dublin
Heritage Historical Area
6. Planning Commission Staff Report and minutes from January 8,
2002 (without attachments)
7. Letter of February 4, 2002 from Pastor Michael Connolly of
Journey Church withdrawing appeal of Conditional Use Permit
2.
3.
4.
5.
o
Open public hearing and hear Staff presentation
Take testimony from the Applicant and the public
Question Staff, Applicant and the public
Close public hearing and deliberate
Adopt Resolution (Attachment 1) recommending City
Council approval of a 1-year extension (to February 8, 2005)
of the existing Conditional Use Permit for the Journey
Church, subject to the conditions of approval
Deny Resolution (Attachment 2) denying a 1-year extension
to the existing Conditional Use permit for the Journey
Church
PROJECT DESCRIPTION:
A religious facility is a use that is conditionally permitted in the City's C-1 Retail Commercial Zoning
District. The Planning Commission approved the Conditional Use Permit for the Journey Church on
January 8, 2002. The shopping center contains several retail or service businesses which normally operate
during weekdays and on Saturday between the hours of 9:00 am to 6:00 pm. The church has improved the
tenant space for their use in accordance with the Conditions of Approval of the use permit (see Resolution
02-02 in Attachment 6), and holds services for the congregation during two services on Sundays from to
COPIES TO:
Applicant
Property Owner
PA File
Project Manager
ITEM NO.
9:00 am to 10:15 am, and from 10:30 am to 11:45 am, when most of the other businesses in the shopping
center are closed. Occasionally, the church has other activities at the site that are held in the evenings.
The original CUP was granted for a two year period only, and the Church agreed to abide with this
condition (Attachment 7).
Now, Michael Connolly, Pastor of the Journey Church, is requesting a 1-year extension to the earlier
Conditional Use Permit (CUP) (see Attachment 4, Applicant's Written Statement). The tenant space is
located in the Dublin Square shopping center at 11825 Dublin Boulevard. The existing Conditional Use
Permit for the religious facility expired on February 8, 2004.
The Dublin Square shopping center is located within a historical resource area. The City is considering
the preparation of a Specific Plan for this historical resource area. A 1-year extension of the CUP from
the date of expiration of the two-year permit would extend the use of the tenant space for the church to
February 8, 2005. The Economic Development Director has contacted the Pastor, and will be assisting the
church in finding another location.
ANALYSIS:
The purpose of requiring a Conditional Use Permit for certain uses is to give the Planning Commission
the opportunity to determine whether the proposed use is appropriate for the site. Issues that are
commonly addressed include access to the site, land use compatibility, health and safety issues, and
building/site design.
Land Use Compatibility: The use of the tenant space for a religious facility in the existing shopping
center is compatible with the surrounding retail and service businesses. No problems or zoning violations
have been reported or occurred since the church began operating out of the shopping center over two years
ago. All City departments were contacted during the process of reviewing the Journey Church
Conditional Use Permit extension and one comment was received from the Public Works Department.
The comment related to the need to correct the configuration of the handicap parking space to be
consistent with the American's with Disabilities Act (ADA) regulations, and to do some minor restriping
in the parking area. No other comments have been received from members of the public, businesses or
other agencies on the operation of the Journey Church.
The Planning Commission must make findings before a Conditional Use Permit may be approved to
ensure the use meets compatibility and health and safety standards. The required findings are addressed in
the context of the project in the Resolution for Approval in Attachment 1:
A. The proposed use and related structures is compatible with other land uses, transportation and
service facilities in the vicinity.
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.
C. The proposed use will not be injurious to property or improvements in the neighborhood
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.
E. The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed
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
2
The proposed use is consistent with the Dublin General Plan and with any applicable Specific
Plans.
Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and other buildings, building materials and colors,
screening of exterior appurtenances, exterior lighting, and similar elements have been
incorporated into the project to insure compatibility of this development with the character of
adjacent buildings neighborhoods, and uses.
If the Planning Commission chooses to deny the 1-year extension of the Conditional Use Permit, an
alternative Resolution for Denial is contained in Attachment 2, including the Findings that must be made
for the extension to be denied.
Conditions of Approval: As the extension request is for an additional year, the use remains subject to
the Conditions of Approval for the original Conditional Use Permit, PA 01-042, as included in Resolution
02-02 adopted by the Planning Commission on January 8, 2002 (see Attachment 6). Based on comments
received by the Public Works Department, an additional condition has been added to the use permit to
address the disabled accessibility issue, and restriping of the parking area, for compliance with State and
Federal ADA regulations and City standards. Staff suggests that all other aspects of the site remain as is
and no additional improvements be required due to the short duration of the CUP, and the other conditions
of the use permit have been met.
Dublin Heritage Historical District Area: On January 20, 2004, the City Council approved a 1-year
extension of the Interim Urgency Ordinance on the approval of development permits in the Dublin
Heritage Historical District Area, Ordinance 2-04 (see Attachment 5 for Ordinance 2-04), pending the
completion of a Specific Plan for the area located along Dublin Boulevard, and extending westerly of
Donlon Way and easterly of San Ramon Road. The property on which Dublin Square containing the
Journey Church facility is located is within this Heritage Historical District.
When the Conditional Use Permit for the church was approved, the process to establish the historic
resource district was underway, and it was anticipated that the City would complete the establishment of
the district, including studies, policies and goals before the Journey Church Conditional Use Permit
expired. Because of this, it was assumed that a future extension of the use permit would not be considered
after the two-year permit expired. However, with the one-year extension of the Interim Urgency
Ordinance, it seems reasonable that the studies, policies, goals and the Specific Plan for the Heritage
Historical Area will not be completed for several months. Although the extension of the moratorium
limits the issuance of development permits in the area, a religious facility use type such as the Journey
Church is not prohibited. Extension of the Conditional Use Permit would, therefore, not interfere with any
plans to redevelop the site under a Specific Plan for the area within that time frame.
ENVIRONMENTAL REVIEW:
This project has been found to be Categorically Exempt from CEQA under Section 15301, Class 1 of the
California Environmental Quality Act guidelines. The project consists of a use within an existing fully
improved private facility.
CONCLUSION:
The Conditional Use Permit process gives the City the opportunity to evaluate proposed projects in
relation to certain criteria to determine if the project is appropriate for a specific site. The subject site has
adequate improvements, has not been the subject of complaints, and is in an appropriate location for the
interim use. The 1-year extension of the use will not interfere with the extension of the moratorium for
the Heritage Historical District. With the existing conditions of approval and the additional condition
related to the restriping of the ADA required parking spaces, all land use compatibility issues will be
adequately mitigated. However, if the Planning Commission determines that it is not appropriate to
approve a 1-year extension of the Conditional Use Permit, an alternative Resolution is contained in
Attachment 2 for this purpose.
RECOMMENDATION:
Staff recommends the Planning Commission open the public hearing; take testimony from the Applicant
and public; question Staff, Applicant and the public; close the public hearing and deliberate; and adopt the
Resolution in Attachment 1 approving a 1-year extension (to February 8, 2005) to the existing Conditional
Use Permit for the Journey Church, subject to the conditions of approval, or, adopt the Resolution in
Attachment 2 denying the request for a 1-year extension of the existing Conditional Use Permit.
G:\PA#\2004\04-002 Journey Church\PC-sr.doc
4
GENERAL INFORMATION
APPLICANT:
PROPERTY OWNER:
LOCATION:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING
AND LAND USE:
Joumey Church
Michael Connolly, Pastor
Berkeley Land Company, Inc.
1211 Newell Ave., #116
Walnut Creek, CA 94596
Attn: Michael Mikulich
11825 Dublin Boulevard
Assessor Parcel No. 941-1560-007-01
Retail/Office
Zoning: C-1 Retail Commerical
Existing Land Use: Retail Shopping Center
RESOLUTION NO. 04-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 04-002 JOURNEY COMMUNITY CHURCH ONE-YEAR EXTENSION OF A
CONDITIONAL USE PERMIT FOR AN ESTABLISHED CHURCH WITHIN THE DUBLIN
SQUARE SHOPPING CENTER IN A 15,000 SQUARE FOOT TENANT SPACE LOCATED AT
11825 DUBLIN BOULEVARD PA 04-002
WHEREAS, the Applicant, pastor Michael Connolly has requested a 1-year extension to an
established church within an existing and improved tenant space, located within the shopping center known
as the Dublin Square. The religious facility is located within a 15,000 square foot tenant space located at
11825 Dublin Boulevard, in a C-1 Retail Commercial Zoning District; and
WHEREAS the Planning Commission held a properly noticed public hearing on said application on
April 13, 2004; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA), according to Section 15301(a), Class 1; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony herein above set forth and used his independent judgment to make a decision; and
WHEREAS, the Planning Commission has found that the proposed project is appropriate for the
subject site.
that:
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find
mo
The proposed use is and related structures are compatible with other land uses, transportation and
service facilities in the vicinity as it has been operating at the site for two years without demonstrating
any adverse effects on neighboring uses in the surrounding area. Additionally, it has been
conditioned to reduce any adverse effects, is in an existing commercial building fully improved for
the use, and is temporary in nature.
Bo
The 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 the proposed use is temporary in
nature and currently in operation and has had no recognizable negative impacts, and the proposed use
will serve a public need by providing a semi-public community service to residents.
The use, under all circumstances and conditions of this permit, will not be injurious to property or
improvements in the neighborhood because the site is adjacent to other commercial uses that
ATTACHMENT I
normally operate at times other than the proposed use, will be operating only at specified times, and is
temporary in nature.
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 with implementation of the existing and the proposed conditions. The site is
completely improved and serviced by all appropriate utilities and infrastructure.
Uo
The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed as it is operating within an improved tenant space in an existing shopping
center and is compatible with the other uses in the center.
The approval of this Conditional Use Permit is consistent with the Dublin General Plan and the
Retail/Office Commercial land use designation on the site.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve
PA 04-002 Conditional Use Permit Extension to allow a church continue operations for a 1-year period
within the 15,000 square foot tenant space of the Dublin Square shopping center as generally depicted on
Exhibit A, stamped approved and on file, for the period of 1 year from February 8, 2004, the expiration date
of the previous approval. The project approval shall be subject to compliance with 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 departments/agencies responsible for monitoring compliance of the
Conditions of Approval: [PL.] Planning, [BI Building, [PO] Police, [PW] Public Works [ADM]
Administration/City Attorney, [FIN] Finance, [FI Alameda County Fire Department, [DSR] Dublin San
Ramon Services District, [CO] Alameda County Department of Environmental Health.
Note: Revisions to existing and previously approved conditions are annotated with an underline for additions
o,~;~,~ ..... ~' for deletions.
and a
o
o
The activities associated with the church office shall have the following operating hours: Monday to
Friday 8:00 a.m. - 6:00 p.m. The activities associated with the Sunday services shall have the
following operating hours: 8:45 am to 11:30 am. Any extension of the hours shall be subject to
review and approval by the Director of Community Development. [PL]
No loudspeakers or amplified music shall be permitted outside of the enclosed buildings. [PL]
Any signage on site shall be subject to the Sign Requirements contained within the Dublin Zoning
Code. [PL]
The Applicant shall comply with all applicable Planning, Building, Alameda County Fire Authority,
and Police Department regulations and ordinances. [PL, B, F, PO]
This Conditional Use Permit shall be null and void on February_8, 20045. [PL]
The two existing disabled stalls near the ~ entrance must have new pavement markings and
signs consistent with ADA regulations and the City Public Works Department requirements,
2
depicting the intemational symbol of accessibility. [PW]
7. One additional disabled access stall must be provided along the front of the building.
o
Signs must be posted at the driveway entrance that read, "Unauthorized not displaying distinguishing
placards or license plates issued for physically handicapped persons will be towed away at owner's
expense. Towed vehicles may be reclaimed at Dublin Police or by telephoning 833-6670". [PW]
The sign identifying the disabled parking stall near the Union Bank must be rotated such that the sign
faces the disabled access parking stall. [PW]
10.
No cooking or other food preparation 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 preparation. [PI]
11.
The Automatic fire sprinkler system shall be modified as required by any renovation, wall installation
or change in floor or room configuration. The Automatic fire sprinkler system shall be designed,
installed, tested and maintained to the specifications of NFPA 13 & 25, 1997 edition. Plans and
calculations shall be submitted to the fire prevention division for review and approval prior to
installation. The system shall be monitored by a UL Certified central station and shall be a
certificated account as well. A permit for the system shall be completed an all fees paid prior to
installation. [FI
12.
Plans calculations and a permit shall be submitted for the manual fire alarm system. System shall be
designed, installed, tested and maintained to NFPA 72 standards. The system shall be monitored by a
UL Certified central station and shall be a certificated account as well. [FI
13.
Exiting from all areas of the building shall meet the minimum requirements of the California
Building Code. [F]
14. Decorative materials shall meet the requirements of Section 1103.3 of the California Fire Code. [F]
15. Emergency lighting shall be installed throughout the building. [FI
16. To allow emergency access to the building, a KNOX box shall be installed at the main entry. IF]
17.
Approved numbers or addresses shall be placed on all existing buildings. The address shall be
positioned as to be plainly visible and legible from the Street or Road fronting the property. Said
numbers shall contrast to their background. [F]
18.
The building located at 11825 Dublin Blvd is classified as a Type VN building with an occupancy
classification of Retail Sales (M). The applicant is proposing a Tenant Improvement for an Assembly
Occupancy (A2.1) with Classrooms (E-1). As per Section 3405 Dublin Building Code "No change
shall be made in the character of occupancies or use of any building that would place the building in
a different division of the same group of occupancy or in a different group of occupancies, unless
such building is made to comply with the requirements of this code for such division or group of
occupancy." lB]
19.
The Applicant shall upgrade the building to meet all aspects of the 1998 Building Codes. This would
include but is not limited to the following: Assembly Occupancy is Not Permitted in a Type VN
building. The applicant will be required to upgrade the building to meet Type V 1 hr construction.
This would include but is not limited to replacement of all Gypboard with 2 layers 5/8 inch Type X
Gypboard for all exterior walls replace all interior walls with 1 layer 5/8 inch Type X Gypboard both
sides, fire caulking all penetrations in the building with an approved fire caulk. [B]
20.
As submitted the approximate occupancy load on the building for the above occupancy is 1544. With
the installation of fixed pews or chairs the approximate occupancy load is 542 persons. This would
mandate that there be 3 exits (542 persons) or 4 exits (1544 persons) be provided. The exit system to
the public street shall be a minimum 20-foot-wide right-of-way unobstructed and maintained to only
as exit discharge to the public way. With the current configuration of the building this may require
structural changes. This would require panic hardware on all gates in the rear of the property and the
swing of the gate to be to the front of the building. [B]
21. The Lobby area shall be a rated corridor, with all doors protected for such rating. [B]
22.
The building shall have all Exit signage and Exit Lighting installed to meet the requirements for
assembly occupancies. [B]
23.
The Platform shall be of non-combustible construction or be equipped with a fire suppression system
above and below. [BI
24. All Plans and Calculations shall be prepared by a California licensed Architect or Engineer. [B]
25.
This permit shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning
Ordinance. Any violation of the terms or conditions of this use permit shall be subject to citation.
[PL]
PASSED, APPROVED AND ADOPTED this 13th day of April 2004.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Commission Chairperson
Planning Manager
G:\PA#~2004\04-002 Journey Church~PC CUPextension reso.doc
RESOLUTION NO. 04-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING PA 04-002 JOURNEY COMMUNITY CHURCH ONE-YEAR EXTENSION OF A
CONDITIONAL USE PERMIT FOR AN ESTABLISHED CHURCH WITHIN THE DUBLIN
SQUARE SHOPPING CENTER IN A 15,000 SQUARE FOOT TENANT SPACE LOCATED AT
11825 DUBLIN BOULEVARD PA 04-002
WHEREAS, the Applicant, pastor Michael Connolly has requested a 1-year extension to an
established church within an existing and improved tenant space, located within the shopping center
known as the Dublin Square. The religious facility is located within a 15,000 square foot tenant space
located at 11825 Dublin Boulevard, in a C-1 Retail Commercial Zoning District; and
WHEREAS the Planning Commission held a properly noticed public hearing on said application
on April 13, 2004; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for environmental
impact and that environmental documents be prepared; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA), according to Section 15301 (a), Class 1; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used his independent judgment to make a decision; and
WHEREAS, the Planning Commission has found that the proposed project is not appropriate for
the subject site and the conditional use should be discontinued.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
find that:
The proposed use and related structures are not compatible with other land uses, transportation and
service facilities in the vicinity as it is in an existing commercial building in an established
shopping center which is not an appropriate location for continuance of such use, and was to be
temporary in nature.
The use could 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 the proposed use was to be
temporary in nature, and may create recognizable negative impacts which would effect the public
as it would operate on Sunday mornings when all other businesses are closed.
Co
The use, under all circumstances and conditions of this permit, would be injurious to property or
improvements in the neighborhood because the site is adjacent to other commercial uses that
provide retail services and support other businesses, unlike the proposed use which is temporary in
ATTACHMENT 2
nature, and is not compatible with the other uses in the shopping center as it is a semi-public use.
Do
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 with implementation of the existing and the proposed conditions, but the
proposed use is not compatible with the permanent retail service uses in the shopping center.
The subject site is not physically suitable for the type, density and intensity of the use and related
structures being proposed as it is operating within an improved retail tenant space in an existing
retail commercial shopping center.
Fo
The approval of this Conditional Use Permit is inconsistent with the intended uses allowed under
the Dublin General Plan and the Retail/Office Commercial land use designation on the site.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny
PA 04-002 Conditional Use Permit Extension for the Journey Community Church to allow the church to
continue operations for a 1-year period within the 15,000 square foot tenant space of the Dublin Square
shopping center as generally depicted on Exhibit A.
The application is hereby DENIED this 13th day of April 2004.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Manager
GSPA#L2004\04-002 Journey Church~PC CUPext denial reso,doc
CITY OF DUBLIN
APPROVED
By: CDD - Planning Commission
Date: 01/08/02
PA# 01-042
Resolution No.: 02-02
Resolution Date: 1/8/02
CLASSROOM
CLASSROOM
WOMEN
MEETING
AUDIO
VISUAL
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CLASSROOM
CL~sROOM
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LA/qD
CONFERENCE
LOBBY
ARCADE
PRELIMINARY FLOOR PLAN
JOURNEY CHURCH COMMUNITY
(Former Plumbery Space)
City of Dublin,
California
JOURNEY
CHURCH
COMM-trNIT
CONSULTANTS:
': ~:ILIN PLANNIHG
NORTH
SCALE
Received
Nov 14, 2001
Dublin Planning
PA 01-042
DUBLIN BLVD
City of Dublin
APPROVED
Date: 01/10/02
PA# 01-042
Resolution No:
Resolution Date:
EXISTING SITE PLAN,
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JOURNEY CHURCH
Conditional Use Application
February 2004 through February 2005
Written Statement
A. What type of business~ activity or use are you proposing?
A non-denominational Chr/stian church.
B. How many employees will you have or propose to have
3 Employees - 300 Attendees on Sunday
C. What are your proposed hours and days of operation?
Offices open Monday - Friday, 8:30 ^.M. - 5:30 P.M.
Church Services Sundays: 9:00 - 10:15 A.M. and 10:30 - 11:45 ^.M.
D. Will your business~ activity or use target a specific segment of the community?
Young families, and singles aged 25-50 who currently don't attend a church.
E. In what ways will your business~ activity or use benefit the community?
1. Help people in the Valley find faith and grow in faith.
2. Yearly outreaches to the community include our Fair Workers Outreach and Toys
for Tots to 300 needy inner city kids on Christmas Day.
3. We allow the P.U.S.D. to hold 2 Adult Ed classes called "English as a Second
Language" during the week.
4. Toastmasters meets weekly - (rent free)
5. AA meets weekly- (rent free)
Are there any ways in which your business~ activity or use; may disrupt the peace of
the surrounding residents or businesses?
No. In the years since opening the church (November 2002) we've had no complaints.
Of the seven current businesses in the shopping center, six of them are closed on Sunday.
The one tenant that is open on Sunday commences at noon, when our two services have
ended. In addition:
RECEIVED
~UBLIN PLANNING
There are 144 parking spaces in the shopping center (6 handicap). The average car on
Sunday morning has three occupants. This translates to parking never exceeding 70%
of capacity during the term of our C.U.P. on any given Sunday.
The property is between an office park and the Hexcell Building, both closed for
business on Sunday. The closest residential complex is the Springs Apartments,
~vhose property measures 800 feet from the front door of the proposed church site.
G. Will your business~ activity~ or use have any negative effects on the health or safety
of people residing or working in the vicini~. ?
No.
H. Will your business~ activitw or use create any negative impacts on propertv~
transportation systems~ or existing improvements in the neighborhood?
· As mentioned, there are 144 parking spaces (6 handicap) on the property. We should
never exceed 70% of parking capacity at any one of our services.
· The center is surrounded by an office park and a corporate building, both closed on
Sunday.
· The closest residential complex is the Springs Apartments located 1/6 of a mile from
the front door of the proposed church.
· Approximately 50-100 cars will be turning onto Dublin Blvd. during our service
times. This a fraction of the hundreds of cars that turn onto that stretch of Dublin
Blvd. on weekday mornings.
I. Is the proposed proiect located on a hazardous waste and substances site (pursuant
to Government Code Section 65962.5)?
No.
Conditional Use Application
oRDInANCE NO. 2- 04
· AN ORDINANCE OF THE CITY COUN~CIL_
OF TIlE .CITY OF DUBLIN
AN URGENCY ORDINANCE
MAKING FINDINGS AND ESTABLISHING A MORATORIUM
ON THE APPROVAL OF PERMITS FOR DEVELOPMENT IN
THE DUBLIN HERITAGE HISTORICAL DISTRICT AREA
PENDING TFIE COMPLETION OF A SPECIFIC PLAN
WHEREAS, the areas generally surrounding the present intersection of Donlon Way and Dublin
Boulevard, and diagrammed on Exhibit A ('"the Primary Historic Core Area") and Exhibit B ("the
Peripheral Historic Area"), attached hereto, are the crossroads of two stagecoach mutes and the location of
the commtmity of Dublin's founding;
WltEREAS, the Primary Historic Core Area and the Peripheral Historic Area together comprise
the identical area called the Historic Area in Ordinance Nos. 11-03 and 16~03;
WFIEREAS, in 1993, the City of Dublin acknowledged the arm's historical nature by acquiring
several historical structures and properties in the Primary Historic Core Area---the 01d S.t. Raymond's
Church, the Old Murray School House, and the Dublin Pioneer Cemetery--and establishing the Dublin
Heritage Center;.
WHEREAS, the Primary Historic Core contains a handful of important historic architectural and
natural resources, mostly dat~g from the mid-nineteenth century and the early twentieth century;,
WI-IEREAS, the Peripheral Historic Area surrounds and acts as a gateway into the Primary
Historic COre Area;
WHEREAS, the Dublin Heritage Center and the Green Store--the community's general store
during the late 19th and early 20th century, now a privately owned building presently used as a church--
are located near the-south of the intersection of Donlon Way and Dublin Boulevard;
WHEREAS, the Green Family Mansion, owned by .Dublin's most prominent businessman during
the late 19th century, formerly stood near the southwest comer of the present intersection of San Ramon
Road and Dublin Boulevard;
WHEREAS, Alamilla Springs and the site of the Jose Maria Amador home (constructed in 1834)
are located northwest of the intersection of San Ramon Road and Dublin Boulevard;
WltEREAS, a large and distinctive heritage Live Oak tree, likely associated with early settlement
of the Peripheral Historic Area, is located near the northeast comer of San Ramon Road and Dublin
Boulevard;
G:~CC-MTGS~2004-qtrl ~Jan~01-20-04~otd-mo ratorium, doc
WHEREAS, in March of 2001, the City Council, as part of its annual Goals and Objectives
program' made a high staffpriority the development of plans for a histbri.'cal' district designation in the
Historic Axea, specifically including the Alamilla Springs and the Green Store;
WltE~AS, several property owners have proposed development projects in the Historic Area in
'the last several years, and the. City CoUncil has expressed concerns over those proposed-projects' effect on
the historic nature of the area. For instance, the City Council conSidered adopting a moratorium when the
demolition of the existing Dublin Square shopping center and the construction of an office building in its
place was proposed, again to ensure that development was consistent with the City's plans to preserve and
highlight the historic nature of the Historic Area. The application for that project was later withdrawn.
Similarly, the City issued a conditional use permit of a limited term for the church occupying a building
within the Dublin Square shopping center, bemuse of the City's pending planning ~o protect and
potentially unearth the'historic nature of the Primary Historic Core Area and the Peripheral Historic Area;
WHEREAS, on June 3, 2003, the City retained the' architectural firm of Page and Tumbull to
complete an historical inventory of and design guidelines for the Historic Area ('"the Report"). While not
yet complete, the scope of work for the Report includes a recommended boundary for the proposed
specific plan area;
WltEREAS, on January 14, 2004, Page and Tumbull completed the historical inventory and '
design guidelines for the area which recommended the protection of the Dublin Heritage Historical
District Area and differentiating this area into two areas; the Primary Historic Core Area. which has intact
historic resources and the.Peripheral Historic Area which surrounds and acts as a gateway into the Primary
Historic Core Area;
WHEREAS, Page and Tumbull recommended that the Primary Historic Core Area and the
Peripheral Historic Area be preserved and enhanced through the use of special historic districts;
WHEREAS, Page and Tumbull recommended that the City develop policies which would
· encoUrage uses that are compatible both with historical land usage ia Dublin Village as well as what
would thrive in a modem special use district;
WHEREAS, Page and Tumbull recommended that the City develop separate design guidelines for
each area to provide a sensative transition from the Peripheral Historic Area into the Primary Historic
Core and would be tailored toward encouraging e0mpatible infill construction on parcels now occupied by
10w-density commercial uses such as those uses within .and adjacent to the Primary Historic Core Area;
WHEREAS, the Peripheral Historic Area serves as a gateway into the Primary Historic Core
Area, which contains several historic structures, three of which are on record as California State Points of
Historical Interest;
· WltEREAS, a preliminary study prepared by the City's archeological consultant, William Self
Associates, Inc., details the historic and prehistoric settlement of the Historic Area and notes that the
"archaeological high'probability area" extends easterly across San Ramon Road and westerly beyond the
Dublin Square Shopping Center.
2
WHEREAS, in reviewing its Goals and Objectives at the September 16, 2003 meeting, the City
Council expressed_its strong desire.to immediately move forward with a comp_rehe.nsive Specific Plan for
the Historic Area with the purpose of preserving, protecting, and exposing the historical past in the
Historic Area
WItEREAS, the City anticipates that among the tools that the specific plan may recommend are
(a) various means to preServe, protect, and highlight existing historic structures and sites, (b) architectural
-guidelines, which Would apply to all structures and future development in the two Areas which would
serve to promote a theme related to the history of the Areas; and (c) the placement of signage and
monuments at the location of historic sites.
WltEREAS, the City has received a recommended boundary for the Specific Plan-area from Page
and Turnbull which includes the boundaries shown on Exlfibit A and B, and, are based on the information
contained within the Report which is attached the Agenda Statement dated, January 20, 2004;
Wltle~REAS, the intersection of Dublin Boulevard and San Ramon Road is and long has'been an
important entry way into the City, and the inclusion of property on the comers of that intersection in the
proposed specific plan area is being considered for the potential to provide an attractive, historic themed
entry.way into the historic district, in addition to the possibility that historic or prehistoric resoUrces or
sites may be associated with those properties;
'WIIEREAS, untimely changes of uses within the two Areas during the time that the City.
cOmpletes the Specific Plan could ultimately frustrate the City's long term efforts to ensure the area is
developed consistently with the City's goals for the Historic Area, either by allowing the initiation of uses
and construction incompatible with that recommended by the Specific Plan study or by directly preventing
the use of properties as recommended in the study;
WI-IEREAS, the City Council has determined that the initiation of certain uses, listed below ("the
Prohibited Uses"), may be in conflict with the contemplated Historic Area Specific Plan, the goals of
which are to encourage the development of an historic-themed, pedestrian-oriented commercial area,
centered around the historic structures and sites that mark the community's founding;
WItEREAS, based on the foregoing, the City Council finds that allowing development of the
Prohibited Uses to continue to occur, pending the adoption of the specific plan, poses a current and
immediate threat to the public health, safety and welfare because it will likely result in further
deterioration of the historical character ofthe Primary Historic Core Area and its historical resources and
could conflict with the land uses ultimately proposed in the contemplated Historic Area Specific Plan;
WltEREAS, the City Council finds that the approval of additional subdivisions, use permits~
variances, building permits, or any other applicable discretionary permits that would allow the
modification of the properties within the two Areas therefore would result in that threat to public health,
safety and welfare;
WI~REAS, on October 7, 2003, the City Council adopted a forty-five (45) day urgency interim
ordinance (Ordinance No. 11-03) that imposed a moratorium declaring that no building permit sb~l be
approved or issued and no land use permit shall be approved that would result in the construction or
initiation of specific uses on any parcel located in the Historic Area; '
3
WHEREAS, on November 4, 2003, the City Council issued a status report on the measures taken
to alleviate the condition_.within the .Historic Area; .--
WHE~S, on November 18, 2003, the City Council extended the urgency interim ordinance
(Ordinance 16-03) for a period to expire on January 21, 2004, unless extended that imposed a moratorium
declaring that no building permit shall be approved or issued and no land use permit shall be approved
that would result in the construction or initiation of specific uses on any parcel located in the previously
defined Historic Area;
WHEREAS, on January 20, 2004, the.City Council issued a status report on the measmes taken to
alleviate the condition within the two Areas;
WHEREAS, additional work for the Specific Plan witl be necessary, including (1) compIetion of
design guidelines; (2) evaluation of a historical district designation potential; (3) assessment of
appropriate land uses in the Specific Plan area; (4) preparation of appropriate development regulations
(setback, views, access, open space~ and architectural considerations); (5) evaluation of future
infrastructure needs and existing economic constraints; and (6) preparation of the Specific Plan, public
hearings, and presentation oftbe completed Plan to the Planning Commission and City Council;'
WI~II?. _~REAS, the City staffn~ additional time to complete th~ tasks necessary to conclude the
Historic Area Specific Plan that will ultimately result in the preparation and determination'of appropriate
uses for the Area;
WHEREAS, the two boundaries shown on Exhibit A, the Primary Historic Core and Exhibit B,
the Peripheral Historic Area are identical to the geographic boundaries as the previously defined Historic
Area as adopted by the interim ordinance adopted on the October 7, 2003 and extended on November 18,
2003; and
WltEREAS, thc adoption of this interim ordinance would result in thc reduction of both (a) the
geographic scope of the interim ordinance adopted on the October 7, 2003, and extended on November
18, 2003 in that the moratorium would be applicable in a reduced area and (b) the extent of the restrictions
in that the prohibited uses imposed by the moratorium would be deleted within the Peripheral Historic
NOW THEREFORE, THE CITY COUNCIL ORDAINS AS FOLLOWS, ADOPTED AS AN
INTERIM ORDINANCE UNDER THE PROVISIONS OF GOVERNMENT CODE SECTION
65858:
1) Moratorium Extended. From and at~er the date of Ordinance No. 11-03, Ordinance No.
16-03 and this ordinance, no building permit shall be approved or issued and no land use permit shall be
approved that would result in the construction or initiation of any of the following uses on any parcel
located in the Primary Historic Core Area (shown on Exhibit A hereto):
2.
3.
4.
5.
Adult Business Establishment
Animal Sales and Service
Automobile/Vehicle Brokerage
Community Care Facility / Large
Dance Floor
4
8.
9.
I0.
11.
12.
13.
14.
15.
16.
Drive-in/DriveZthrough Business
Eating and _..Drinking Establishment
Forttmetelling
Health Services/Clinics
Massage Establishment
Plant Numery
Recreational Facility / Indoor
ReCreational Facility / Ouldoor
Retail - Outdoor Storage
Service Station
Shopping Center
From and after the date 0f Ordinance No. 11-03, Ordinance No. 16-03 and this ordinance, no
building permit shall be approved or issued and no land use permit shall be approved that would result in
any extemaI mOdifications or construction of new structures within the area defined as the Peripheral
Historic Area (Exhibit B). Notwithstanding the foregoing, a change of copy for existing signs where no
modification to the structure of the sign is required is not subject to this ordinance.
So long as this ordinance is in effect, the City shall, nevertheless, accept and process applications
for such entitlements. Except as modified herein, all other requirement of'the Zoning Ordinance shall
remain in effect during the term of this ordinance.
Notwithstanding the foregoing, the provisions of this ordinance shall not'apply to building Permits
for the following types of repair work that the Building Official determines is neCessary for the safety of
the occupants of a presently occupied structure:
1. Repair work to existing sewer or water component(s) that does not result in expansion of
capacity of the structure's sewer and water system.
2. Repair or replacement of existing HVAC equipment that does not result in expansion of
capacity of the structure's HVAC system.
3. Repair work to electrical systems that d~s not result in expansion 0fCaPacity of the structure's
electrical system.
4. Repair to existing structural components of the smacmre, such as load-bearing walls and the
structure's roof, that is made necessary by the failure or imminent failure of the structural
components o£the structure.
This ordinance is an interim ordinance adopted as'an urgency measure pursuant to Government Code
Section 65858 and is for the immediate preservation of the public peace, health and welfare.. The facts
constituting the urgency are these: Development within the Primary Historic Core Area .and the Peripheral
Historic Area could further deteriorate the historic resources within the Primary Historic Core Area 'and
frustrate the City's goal of protecting, preserving, and uneai'thing historical resources Pending studies and
potential futura studies are neCessary to catalogthe existing historical resources in the Historic Area and to
provide the City with information on the tools at its diSpOsal to protect, preserve, and elucidate this history of
the Historic Area. In view of the facts set forth in the Recitals of this Ordinance, it is necessary to
immediately study, hold hearings, and consider the adoption ora Specific Plan for the Historic Area as it may
be recommended to the City Council by the Planning Commission. A Specific P1an cannot be-enacted without
due deliberation, and it will take an undetermined length of time to complete the appropriate studies and
5
drafting necessary to prepare the Specific Plan. It woul~l be destructive of the goals of the proPosed Specific
Plan if, during the period th~Speg~ific Plan is being studied and is. the subject o_.f public hemSngs, parties
seeking to evade the operation of Specific Plan in the form it may be adopted should be permittext to operate in
a manner that might progress so far as to defeat in whole or in part the ultimate objective ofthe Specific Plan.
2) Compliance with California Environmental Quality Act. This ordinance is not a
"project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential
for resulting in physical change in the environment, directly or ultimately; it prevents changes in the
environment pending the completion of the contemplated Specific Plan. This ordinance/s categorically
exempt from CEQA under section 15308 of the State CEQA Guidelines because it is a regulatory action
taken, by the City, in accordance with Government Code section 65858, to assure m'aintenanee and
protection of the environment pending completion of the contemplated Specific Plan.
3) Severability. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the ordinance, including the application of such part or
provision to othei' persons or circumstances shall not be affected thereby and shall continue in full force
and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that
it WOuld have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any One or more sections, subsections, subdivisions, paragraphs, sentences,
clauses, or'phrases be held unconstitutional, invalid, or unenforceable.
4) Effective Date. This ordinance shall become effective immediately upon adoption if
adopted by at least four-fifths vote of the City Council and shall be in effect for 12 mOnths from the
adoption of Ordinance.
PASSED, APPROVED and ADOPTED this 20th.day of January 2004.
AYES:
Councilmembers McCormick, Oravetz, Sbranti and MaYor Pro Tempore Zika
NOES: None
ABSENT: Mayor Lock]bm
ABSTAIN: None
K2/G/1-20-04/ord-moratorium.doc (Item 6.3)
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: JANUARY 8, 2002
SUBJECT:
ATTACHMENTS:
PUBLIC HEARING: PA 01-042 Journey Community Church Conditional
Use Permit
(Report Prepared by: Andy Byde, Senior Planner)
2.
3.
4.
5.
Resolution approving the Conditional Use Permit
Project Plans
Written Statement
Term of Lease
Map of historical resources in the area
RECOMMENDATION:
1)
2)
3)
4)
Open public hearing.
Receive staff presentation and public testimony.
Close public hearing and deliberate.
Adopt Resolution (Attachment 1 ) approving PA 01-042 Journey
Community Church Conditional Use Permit
DESCRIPTION:
The Applicant is requesting a Conditional Use Permit to establish a new church within the former tenant
space, know as the Plumbery. The proposed project is located within the shopping center known as the
Dublin Square-. The proposed church would be 15,000 square feet in size and would be located entirely
within the existing building. The applicant has requested the duration of the Use Permit to be for 25
months from the date of the approval.
BACKGROUND:
On March 19, 2001, during the Goals and Objectives session, the City Council requested Staff, as a high
priority, to develop plans for a historical district designation on the Donlon Way area. Several City owned
historical resources are located within this area and include: Old St. Raymond's Church, the Old Murray
School House, and the Dublin Pioneer Cemetery. The Green Store, although it has been significantly
altered from its original form, can be described as an historical resource. Both the Green Store and the
Alamilla Springs are two historic properties, which are not located on City owned property (See
Attachment 3 for a map of historical resources in the area).
On June 1st, 2001, the Community Development Department received an application for a Site
Development Review, proposing to redevelop the property known as the Dublin Square within the Donlon
COPIES TO:
GSPA#~2001 \01-042 Journey Church\PC Staff Report.doc
Applicant
Project File
Project Planner
ITEM NO.
ATTACHMENT
Way area, with a new, three-story, 89,000 square foot office building. The proposed building would attain
a height of 44.5 feet above grade (with mechanical and parapets attaining a height of 54 feet) and would
contain a partial below grade parking floor. The existing bank building on the northwest comer would
remain, while the existing retail building would be demolished as a result of the proposed project.
At the City Council meeting of June 19, 2001, the Council voted 5-0 to table the consideration of an
Urgency Ordinance to impose a moratorium within the Donlon Way Area. The Ordinance was being
considered in light of an application for a Site Development Review proposing to redevelop the property
know as the Dublin Square with a new three-story, 89,000 square foot office building.
At the July 3rd City Council hearing, Staff presented two options to the City Council for further actions,
option 1 was a Study Session to examine the scope and the desired direction of the proposed historical
district designation for the Donlon Way area and the integration of the Dublin Square property into the
designation area; option 2 included initiation of a Specific Plan for the Donlon Way area. The Specific
Plan process would include: (1) economic analysis to examine financial constraints and financing options;
(2) a public participation component to determine the needs of the property owners and wishes of the
public; (3) design guidelines to determine appropriate design criteria for the area; and (4) a land use
analysis to determine a compatible mix of appropriate land uses.
The City Council voted 4-1 to proceed with a study session to examine the Donlon Way area including:
possible design considerations, appropriate land uses, and possible view corridors into the historical sites
from Dublin Blvd and Donlon Way. The City Council requested the Heritage and Cultural Art
Commission provide input to the City Council in relation to the historical resources around the Donlon
Way and the potential future uses of the Dublin Square property.
On August 21, 2001, the City Council voted 3-2 to initiate a Specific Plan for the area, similar to what
was done for Village Parkway, with some of the same design characteristics and goals. Currently the Staff
is reviewing a proposal from a Planning Consultant to prepare a Specific Plan for the area. It is
anticipated that Staff will be returning to the City Council in February of 2002 to review the proposal and
request authorization to proceed on the Specific Plan preparation.
Noticing:
In accordance with State law, a public notice was mailed to all property owners and occupants within 300
feet of the proposed project, to advertise the project and the upcoming public hearing. A public notice
was also published in the Tri-Valley Herald and posted at several locations throughout the City. To date,
the City has received no contact or objections from surrounding property owners or tenants regarding the
current proposal.
Circulation and Parking:
The project site is located at the southwest comer of Dublin Boulevard and Donlon Way. Two driveways
along Dublin Blvd. and two along Donlon Way (total of four) provide egress and ingress to the subject
property.
The Dublin Square property has 174 parking spaces to serve the approximately 43,000 square foot
shopping center. The proposed church would be 15,000 square feet in size, and according to the City of
Dublin Zoning Ordinance, would require 1 parking space per 50 square feet of non-fixed seating in the
assembly are, plus 1 per class room. The assembly area is reported to be 4,560 square feet, which would
require 91 parking spaces; in addition the church would have 6 classrooms, for a total required parking of
2
97 parking stalls. The church will have access to 144 parking stalls, which exceeds the required parking
by 47 stalls.
Improvements:
The proposed church would occupy the former retail tenant space of the "Plumbery" and the applicant has
not proposed any exterior modifications to the building. According to the Chief Building Official, any
change in occupancies requires the building to meet the new code requirements of the proposed
occupancy. Under the Uniform Building Code (UBC) the existing building is classified as a Retail Sales
Occupancy (M), while the proposed church use would require an Assembly Occupancy (A2.1). Therefore
before the proposed church would be allowed to occupy the building, the type construction would have to
be changed. This would include replacement of the existing sheetrock with 2 layers of new sheetrock and
fire caulking all penetrations in the building. Additionally, the automatic fire sprinkler system would be
required to upgraded. The Chief Building Official has estimated this would require a substantial
investment to convert this building to allow church use.
Use Permit Findings and Duration:
The church will not be located in close proximity to any residential uses; the closest residential uses are
the Springs apartments located across Dublin Blvd. It is not anticipated that the church will have noise
impacts on any adjacent uses. The church office will be open Monday through Friday, 8:30 am-5:30 pm
and the church services will be from 8:45 am to 10:00 am and 10:15 to 11:30 am. Conditions of approval
ensure that the church is responsible for ensuring that noise is not audible at the property line. In addition,
the church will be responsible for controlling all on-site activities and maintaining the premises in a litter-
free condition.
The applicant has requested the duration of the Conditional Use Permit to be for 25 months following the
approval by the City. The applicant has submitted a portion of the lease which states the original term of
the lease is for two years, commencing on the first month after the Conditional Use Permit approval by the
City of Dublin. At the conclusion of the 25-month period, if the applicant wishes to extend the time
period the following will be required to be completed prior to extension: (1) a new Conditional Use
Permit application will need to be submitted; (2) a new notice sent to the surrounding property owners and
tenants; and (3) the Planning Commission would need to make new CUP findings at a public hearing.
Environmental Review
This project has been found to be Categorically Exempt from CEQA under Section 15301, Class 1 of the
California Environmental Quality Act Guidelines. The project consists of minor modifications to an
existing building and is consistent with all General Plan and Zoning regulations and currently served by
all required utilities and public services.
CONCLUSION:
Staff recommends that the Planning Commission:
1. Adopt Resolution (Attachment 1) approving the Conditional Use Permit to establish new church
within the 15,000 square foot tenant space of the Dublin Square Property.
GENERAL INFORMATION:
3
Property Owner:
Applicant:
Location:
Existing Zoning:
General Plan Designation:
Mike Mikulich
Berkeley Land Co.
1211 Newell Ave. Ste. 116
Walnut Creek, CA 94596
Michael P. Connolly
Journey Community Church
11825 Dublin Blvd.
Dublin, CA 94568
11825 Dublin Blvd
APN 941-1560-007-01
C-l, -Retail Commercial
Commercial Office
RESOLUTION NO. 02-02
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 01-042 JOURNEY COMMUNITY CHURCH
CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A NEW CHURCH WITHIN THE
DUBLIN SQUARE SHOPPING CENTER WITHIN A 15,000 SQUARE FOOT TENANT SPACE
LOCATED AT 11825 DUBLIN BLVD.
WHEREAS, the applicant Michael Connolly has requested to establish a new church within the
former tenant space, know as the Plumbery. The proposed project is located within the shopping center
known as the Dublin Square and would be located within a 15,000 square foot tenant space located at 11825
Dublin Blvd., in a C-1 Retail Commercial Zoning District; and
WHEREAS the Planning Commission held a properly noticed public hearing on said application on
August 8, 2000; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA), according to Section 15301 (a), Class 1; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony herein above set forth and used his 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 find
that:
The proposed use is and related structures are compatible with other land uses, transportation and
service facilities in the vicinity.
The 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.
The use, under all circumstances and conditions of this permit, will not be injurious to property or
improvements in the neighborhood.
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.
The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed.
F. The approval of this Conditional Use Permit is consistent with the Dublin General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve
PA 01-042 Conditional Use Permit to allow a church to be located within the 15,000 square foot tenant space
of the Dublin Square shopping center as generally depicted on Exhibit A, stamped approved and on file, for
the period of 25 months from the date of this approval. Any requests for extension of time shall be subject to
a new Conditional Use Permit application. The project approval shall be subject to compliance with 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 departments/agencies responsible for monitoring compliance of the
Conditions of Approval: [PL.] Planning, [BI Building, [PO] Police, [PW] Public Works [ADM]
Administration/City Attorney, [FIN] Finance, [FI Alameda County Fire Department, [DSR] Dublin San
Ramon Services District, [CO] Alameda County Department of Environmental Health.
10.
The activities associated with the church office shall have the following operating hours: Monday to
Friday 8:00 a.m. - 6:00 p.m. The activities associated with the Sunday services shall have the
following operating hours: 8:45 am to 11:30 am. Any extension of the hours shall be subject to
review and approval by the Director of Community Development.[PL]
No loudspeakers or amplified music shall be permitted outside of the enclosed buildings. [PL]
Any signage on site shall be subject to the Sign Requirements contained within the Dublin Zoning
Code. [PL]
The Applicant shall comply with all applicable Planning, Building, Alameda County Fire Authority,
and Police Department regulations and ordinances. [PL, B, F, PO]
This Conditional Use Permit shall be null and void on February 8, 2004. [PL]
The two existing disabled stalls near the Plumbery entrance must have new pavement markings and
signs depicting the international symbol of accessibility. [PW]
One additional disabled access stall must be provided along the front of building.
Signs must be posted at the driveway entrance that read, "Unauthorized not displaying
distinguishing placards or license plates issued for physically handicapped persons will be towed
away at owner's expense. Towed vehicles may be reclaimed at Dublin Police or by telephoning
833-6670". [PW]
The sign identifying the disabled parking stall near the Union Bank must be rotated such that the
sign faces the disabled access parking stall. [PW]
No cooking or other food preparation 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
2
11.
12.
13.
14.
15.
16.
Development Director. The applicant will also be required to receive proper approval by Alameda
County Environmental Health Services prior to commencing food preparation. [PI]
The Automatic fire sprinkler system shall be modified as required by any renovation, wall installation
or change in floor or room configuration. The Automatic fire sprinkler system shall be designed,
installed, tested and maintained to the specifications of NFPA 13 & 25, 1997 edition. Plans and
calculations shall be submitted to the fire prevention division for review and approval prior to
installation. The system shall be monitored by a UL Certified central station and shall be a
certificated account as well. A permit for the system shall be completed an all fees paid prior to
installation. [F]
Plans calculations and a permit shall be submitted for the manual fire alarm system. System shall
be deigned, installed, tested and maintained to NFPA 72 standards. The system shall be monitored
by a UL Certified central station and shall be a certificated account as well. [F]
Exiting from all areas of the building shall meet the minimum requirements of the California Building
Code. [F]
Decorative materials shall meet the requirements of Section 1103.3 of the California Fire Code. [F]
Emergency lighting shall be installed throughout the building. [F]
To allow emergency access to the building, a KNOX box shall be installed at the main entry. [F]
17.
18.
19.
20.
21.
22.
Approved numbers or addresses shall be placed on all existing buildings. The address shall be
positioned as to be plainly visible and legible from the Street or Road fronting the property. Said
numbers shall contrast the their background. [F]
The building located at 11825 Dublin Blvd is classified as a Type VN building with an occupancy
classification of Retail Sales (M). The applicant is proposing a Tenant Improvement for an Assembly
Occupancy (A2.1) with Classrooms (E-l). As per Section 3405 Dublin Building Code "No change
shall be made in the character of occupancies or use of any building that would place the building in
a different division of the same group of occupancy or in a different group of occupancies, unless
such building is made to comply with the requirements of this code for such division or group of
occupancy." [B]
The Applicant shall upgrade the building to meet all aspects of the 1998 Building Codes. This would
include but is not limited to the following: Assembly Occupancy is Not Permitted in a Type VN
building. The applicant will be required to upgrade the building to meet Type V 1hr construction.
This would include but is not limited to replacement of all Gypboard with 2 layers 5/8 inch Type X
Gypboard for all exterior walls replace all interior walls with I layer 5/8 inch Type X Gypboard both
sides, Fire caulking all penetrations in the building with an approved fire caulk. [B]
As submitted the approximate occupancy load on the building for the above occupancy is 1544.
With the installation of fixed pews or chairs the approximate occupancy load is 542 persons. This
would mandate that there be 3 exits (542 persons) or 4 exits (1544 persons) be provided. The exit
system to the public street shall be a minimum 20-foot-wide right-of-way unobstructed and
maintained to only as exit discharge to the public way. With the current configuration of the building
this may require structural changes. This would require panic hardware on all gates in the rear of
the property and the swing of the gate to be to the front of the building. [B]
The Lobby area shall be a rated corridor, with all doors protected for such rating. [B]
The building shall have all Exit signage and Exit Lighting installed to meet the requirements for
assembly occupancies. [B]
3
23. The Platform shall be of non-combustible construction or be equipped with a fire suppression
system above and below. [B]
24. All Plans and Calculations shall be prepared by a California licensed Architect or Engineer. [B]
25. This permit shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning
Ordinance. Any violation of the terms or conditions of this use permit shall be subject to citation.
[PL]
PASSED, APPROVED AND ADOPTED this 8th day of January 2002.
AYES:
NOES:
ABSENT:
ATTEST:
Cm. Johnson, Musser, Jennings & Fasulkey
Cm. Nassar
Planning Commission Chairperson
Planning Manager
RESOLUTION NO. 02 - 01
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL APPROVE THE
SITE DEVELOPMENT REVIEW AND SPECIFIC PLAN AMENDMENT FOR THE
TARGET STORE EXPANSION PA 01-025
8.2
PA01-042 Journey Community Church - A Conditional Use Permit is being
requested for a new church, to be located within a former tenant space, located
within the shopping center of the Dublin Square property. The proposed church
would be 15,000 square feet in size and would be located entirely within the
existing building.
Cm. Johnson asked for the staff report.
Andy Byde, Senior Planner, presented the staff report. This is a proposal to place a Church
within the existing 15,000 sq. ft. space of the former Plumbery site located in the Dublin Square
Shopping Center at the corner Donlon Way and Dublin Blvd. He gave a brief background on
the proposal. He stated that no exterior changes are proposed. Given the current occupancy
type and the proposed occupancy type, significant improvements need to be made to the
interior of the building to bring up to code. Mr. Byde talked about the parking that is currently
available at the site. He stated that currently there are 174 parking stalls. The Church would be
required to provide 94 parking stalls. Staff does not anticipate any parking problems as a result
of this proposal. The Church Office will be located on site and the hours of operation would be
Monday-Friday 8:30 am - 5:30 pm. There will be 2 Church services 8:45 -10:00 and 10:15 -11:30.
The applicant has requested that the duration of the Use Permit be 25 months and provided a
copy of the lease, which states their current contractual obligations. At the conclusion of the 25
months period the Applicant will have to re-apply for a new Use Permit.
In conclusion, given the short time frame and the existing surrounding uses of this property,
Staff recommends that the Planning Commission adopt the resolution approving the
Conditional Use Permit.
Mike Connolly, Pastor of the Church, said that he would answer any questions.
~lanning Commission
qLegular gffeeting
89 January 8, 2002
Cm. Jennings asked the Pastor if the Church would conduct Choir rehearsals during the
services and/or other types of activities. The Pastor confirmed that there would be choir
rehearsals, Bible study groups, and band practice in the evening between 7 p.m. and 9 p.m.
Cm. Jennings asked Staff if the Applicant understood that the Use Permit is for 25 months, that
there will be substantial improvements needed to the interior of the building and also there will
be a Specific Plan study for the area. Mr. Byde replied that early on in the application process
Staff met with Mr. Connolly and discussed the improvements required by the Church in
addition to the Specific Plan study that would be done for the area. Cm. Jennings said that she
is just concerned that a religious organization would be investing a substantial amount of
money for a short-term project. Cm. Jennings asked the Pastor if that was not a concern for the
Church. The Pastor replied that while negotiating the lease they were told that it would be for a
short-term and the Church is aware of all the improvements required.
On motion by Cm. Musser, seconded by Cm. Jennings, by a vote of 4-0, with Cm. Nassar
absent, the Planning Commission approved the Conditional Use Permit Request for PA 01-042
Journey Community Church.
RESOLUTION NO. 02 - 02
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN APPROVING PA 01-042 JOURNEY COMMUNITY CHURCH
CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A NEW CHURCH WITHIN
THE DUBLIN SQUARE SHOPPING CENTER WITHIN A 15,000 SQUARE FOOT
TENANT SPACE LOCATED AT 11825 DUBLIN BLVD.
Mr. Peabody requested for a five-minute recess.
8.3
PA 01-009 Toll Brothers - A Site Development Review and Tentative Map
for Dublin Ranch Area G Neighborhoods MH1 for 200 dwelling units
ranging from 1,292 sq. ft. to 1,945 sq. ft.; MH2 for 281 dwelling units ranging
from 1,292 sq. ft. to 1, 945 sq. ft.; and H1 for 289 dwelling units ranging from
1,243 sq. ft. to 1,548 sq. ft.
Cm. Johnson asked for the staff report.
&[anning Commission
q(egufar Yeleeting
90 January 8, 2002
Mike Porto, Project Planner, presented the staff report. He informed the Commission that there
will be a video and model presentation by the Developer. A presentation outline was handed
out to the Commission at the meeting. The neighborhoods will be presented individually since
each neighborhood has its own staff report and resolution. A brief background on Dublin
Ranch and Area G was presented. The density ranges for the three Neighborhoods MH-1, MH-
2 and H-1 are from 22 units to the acre to about 29 units to the acre. The H-2 neighborhood,
which will be presented to the Planning Commission on the January 22, 2002 meeting, is
proposed to have approximately 60-61 units to the acre. He stated that the MH-1 and MH-2
neighborhoods was anticipated to be subdivided for condominium ownership and the H-1 and
H-2 sites were anticipated to be apartments due to the high density factor. Toll has proposed to
have the three sites as "For Sale" products. Additionally, Toll is proposing to overlap the three
projects. The H-1 neighborhood has units ranging from 1,234 sq. ft. to 1,548 sq. ft. The H-2
neighborhood has units ranging from 1,292 sq. ft. to 2,171 sq. ft. The MH-1 neighborhood has
units ranging from 1,320 sq. ft. to 2,323 sq. ft.
In conclusion Mr. Porto referred to the revisions to the conditions that were given to the
Commission earlier and said that they do not need to be adopted as part of the motion. They
will be incorporated into the resolution by virtue of the presentation. He requested Jon Paynter,
the Applicant, give a brief summary of Toll's presentation.
H. Jon Paynter, the Applicant, thanked Staff for their time and effort on the project and
introduced Rick Nelson, Project Manager, to make his presentation.
Rick Nelson, Senior Project Manager, gave a brief overview on the four neighborhoods prior to
the video presentation. He explained that their development concept is to provide a wide range
of buying opportunities and purchase choices for homeowners. They are proposing to develop
the four neighborhoods as "For Sale" product. This will be unique to this marketplace to
develop at these densities as a "For Sale" product. He introduced the Project Managers for MH-
I and MH-2, Jim Herberg and Sheila McGuire respectively, who will be speaking on their
projects. In addition to the display materials, Toll has also prepared a Model to help explain
how the units lay out within each floor plan of the building. Toll is also in the process of
preparing a video for their marketing effort. One of the challenges for the project is the
significant lead-time before the models are actually constructed and because of that they need to
be able to market to the homeowners the product they would be buying. Additionally, in the
absence of the Town Center they are trying to provide an understanding to the prospective
homeowners of what the area is going to look like at its ultimate development. A computer
~fanning Commission
qLeguFar ~eeting
91 January 8, 2002
generated video presentation of the neighborhoods and the Town Center was shown to the
Commission.
Mike Porto, Project Planner, discussed each neighborhood individually. He started with the H-
I neighborhood. This site is on the southwest corner of Area G. Site density is 29 to 30 units to
the acre approximately. There are six different floor plans with various options. They range
between 1,234 and 1,548 sq. ft. The architecture is Spanish Colonial Mission Revival. Toll has 3
color schemes for the 13 buildings. It has significant foresighted architecture. There are no
garage doors. There are individual garages. They will have a stairway access in the unit. This
project is a combination of stack flats and town homes. This is a unique project given the
density in the area.
In conclusion, Staff recommends that the Planning Commission adopt the resolution approving
the Site Development Review and Tentative Tract Map for H-1 subject to the revised conditions.
Rick Nelson, Senior Project Manager, emphasized the uniqueness of the project given the
density. Particularly, an individual garage with a direct access to the unit is a unique feature
unknown to a project associated with this density. The project has a pleasing streetscape on all
sides of the building not only along the public streets but also adjacent to the future Town
Center.
Cm. Johnson asked if anyone had any questions.
Cm. Jennings asked a question about parking. What is the number of parking spaces available
in the Town Center and where is the Town Center located in relation to the project? The report
states that additional parking would be available in the Town Center. Mr. Porto said that there
are 1001 spaces available during business hours.
Cm. Johnson asked whether the required number of parking spaces was 511 and the actual
number being provided is 497. Mr. Porto said that was correct.
Reading from page 5 of staff report Cm. Jennings asked for clarification on 82 parking spaces
on-site and 49 on-street parking spaces. Mr. Porto explained that on-site parking is on the
interior loop street, which is private. On-street parking is on Brannigan and Finnian, which are
public streets.
Based on the condition on Joint Utility Trenches/Undergrounding/Utility Plans (Condition # 55
for H-l, Condition # 53 for MH-2 and Condition # 54 for MH-1), Cm. Fasulkey asked for a utility
~PFannintt Commission
qLe~t ufa r tTff eet in~t
92 January 8, 2002
plan, which would provide an advanced telecommunications facility for the new homes. There
was a long discussion on this condition. As a result, the following language was added to that
condition for all three neighborhoods: "and emerging technologies". The condition states:
"Joint Utility TrenchesFUndergrounding/Utility Plans. Applicant/Developer shall construct all
joint utility trenches (such as electric, telephone, cable TV, gas and emerging technologies) along
City streets shown on the tentative map in accordance with the appropriate utility jurisdiction
and the City of Dublin guidelines. All communication vaults, electric transformers, cable TV
boxes, blow-off valves and any appurtenant utility items thereto shall be underground and
located behind the proposed sidewalk within the public service easement, unless otherwise
approved by the Director of Public Works and any applicable agency. All conduits shall be
under the sidewalk within the public right of way to allow for street tree planting. Utility plans,
showing the location of all proposed utilities (including electrical vaults and underground
transformers) behind the sidewalk, shall be reviewed and approved by the Director of Public
Works. Location of these items shall be shown on the Final Landscaping and Irrigation Plan.
Applicant/Developer shall install two (2) three (3) inch conduits and related pull boxes (spaced
500' max.) in all joint trenches in public rights-of-way."
On motion by Cm. Musser, seconded by Cm. Fasulkey, with the inclusion of the language
requested by Cm. Fasulkey to Condition # 55, and by a vote of 4-0, with Cm. Nassar absent, the
Planning Commission approved the Site Development Review and Tentative Tract Map for PA
01-009 Toll Brothers Dublin Ranch Area G Neighborhood H-1.
RESOLUTION NO. 02 - 03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN
APPROVING THE SITE DEVELOPMENT REVIEW AND TENTATIVE TRACT MAP 7326
FOR PA 01-009 TOLL BROTHERS DUBLIN RANCH AREA G - NEIGHBORHOOD H-1
Mr. Porto discussed MH-2 neighborhood. Site density is 24 units to the acre. It is located on the
northeast corner of Area G. There are 281 dwelling units and a recreation complex. There are
five different floor plans and they range from 1,292 sq. ft. to 2,471 sq. ft. The architecture is
Italian Hill Town. There are 3 different color schemes for the various units within the building.
This project is similar to the Vineyard project currently being built by Toll in Dublin Greene. He
described how the units lay out within each floor plan of the building.
q(anning Commission
q(eltu[ar S~4eetintt
93 .Tanuary 8, 2002
,rch Community
Ris~'up and take your journey
Dexm 2:24
February 4, 2002
To:
From:
Re:
The Mayor and City Council Members
Mike Connolly of Journey Church
Withdrawing Appeal of Conditional Use Permit
Dear Mayor Lockhart and Dublin City Council Members,
My name is Mike Connolly and I am the Pastor Journey Church Community. We are a Christ-
centered, inter-denominational church of 200+ that has been meeting the last two years at
Foothill High School in Pleasanton. I am writing in regards to the appeal filed pursuant to our
Conditional Use Permit last month.
I truly appreciate the concern shown towards our church's welfare by the City Planning
Department, the Planning Commission, and yourselves, the City Council. Everyone concerned
seems to agree that a new church, for the short term anyway, is a good thing for the City. I also
appreciate the concern shown by City Officials over the tenant improvement costs to be incurred
by the church, considering that our lease and Conditional Use Permit is only two years.
From the outset, I was made well aware by the owners of the center and the City Planning
Commission that Dublin Square is no longer an outstanding retail location and that studies were
underway to look at a more suitable use for the property. That is why the financial numbers
regarding our rent and tenant improvements have always been crunched around the fact that we
would be there for 24 months only. Consider:
Our rent - The owner has adjusted the rent downward to reflect the nature of the short-term
lease. In other words, it is substantially lower than newer retail spaces in Dublin of similar
size with leases of 5 to 10 years.
Our Tenant Improvements - These are projected at $66,700. About $20,000 of that we are
able to take with us to our next location. This figure is well below normal tenant
improvement costs thanks to the tens of thousands of dollars in donated labor from church
attendees. (Much of this work has already been done) These T.I.'s, amortized over 24
months, are less than what many tenants (including churches) incur with a much longer lease.
All this to say that we have entered into this whole lease/building process with both eyes open.
Church Offices at 11501 Dublin Blvd., Suite 200, Dublin, CA 94568
925/461-1731 · Fmc 925/551-5163 ° Emaih thejourney~home.com · xvww. the-journey, org
Sunday services at Foothill High School · 4375 Foothill Road, Plea ~.s0rt.~.p.
February 4, 2002
Page 2
We know we are in Dublin Square for a two-year period and in no way want to impede with the
plans of the City or the owners. Therefore if your concerns over our intentions with this
building, and the costs we are incurring, were the reasons for the C.U.P. appeal, I humbly request
that you withdraw it at your soonest convenience. To have to wait until the next Council
meeting February 19th would delay the opening of our church at least by a month. We are
already having to meet in a temporary facility.
I can be reached at our church offices below should you have any questions or suggestions.
Thank you for your consideration.
Sincerely,
Michael Connolly
PASTOR
Journey Church's Projected
Tenant Improvement Budget
1/22/2002
No. Line Item Estimated ~
~Cost Comments '
[ ~ Plans, Permits $1,000
2) Foundation $?Yd, uOO ~'
3) Framing $5,000 ~
. ~ 4) Plumbing $6,000 Fixtures donated
. .. 5) Electrical/Labor $8,000 Volunteer labor from electricians (Jeff)
6) Cabling (Snake, Trays) : $1,000
7) Heating/A.C. Ducting $1,000 Volunteer labor/materials from an expert
8) Sprinklers (office area) $5,000 Volunteer labor/materials from an expert
9) Insulation $500 Materials needed'
10) Drywall $2,500
11) Paint $1,500 For ceiling andwalls ':
12) Doors (12) $2,000 Solid core doors needed
13) Windows (7 small windows) $1,000 Materials and installation donated
· J 4)Finish'Carpentry $1,000
:lilt5) Alai-nffKnox Box $3,000
16) Seating (372 used theater seats) $500 A theater willing to donate'seats
Signage (1 large outside signs-
17) 2 inside neon signs) $2,000 Tir~e and materials donated
18) Espresso machine (used) $1,000 Machine needed
1 9) JoumeyLand Ddcor/Toys,
Shelving, Furniture (8 rooms) $7,000 See back for items needed
20) Carpet With Glue/Labor $6,000 Glue donated - 3-4 installers time needed
i~1) Music/Sound Improvements $2,400 Sound absorption panels, dOnated, current
sound system installed
~2) Furniture/Art-Lobby $5,000 Tables, chairs donated (see back)
Lighting (Includes 12 wall
23) sconces, mounting bars, addl. $2,000 Theater lights and mounting bar donated.
,~ stage lights, ceilifig fans/lights) Sconces donated by Jeff.
14) Office furniture $0
25) Computers $0
26) Candies, Floral $500
27) Demolition $300
Curtains, Video Mount Screen,
i 8) fireproofing, stage carpets $1,000
~ Total $66,700 .