Loading...
HomeMy WebLinkAboutPC Reso05-39 Well Christian Church CUP RESOLUTION NO. 05 - 39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO EXPAND THE EXISTING PLACE OF WORSHIP WITHIN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT AND A PARKING REDUCTION FOR SHARED PARKING AT THE PROPERTY LOCATED AT 6533 SIERRA LANE (APN 941-0205-020) P A 05-022 WHEREAS, Evan Simmons, the Applicant, has requested approval of a Conditional Use Permit to allow a 11,198 square foot expansion of the existing Well Christian Community Church, and a parking reduction for shared parking for property in the Light Industrial (M-l) zoning district at 6533 Sierra Lane; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted project plans dated received April 20 and June 15, 2005; and WHEREAS, a Parking Study was prepared by Omni Means Engineers to evaluate the request for a Parking Reduction for Shared Parking; 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, This project is categorically exempt ffom the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on June 28, 2005; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used their 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 City Council does hereby make the following findings and determinations. A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity because it is located within an existing building and the existing on and off-site parking is adequate to serve the existing, proposed and future uses. G:\PA#\2005\05-022 The Well Expansion\pc reso 6-28-05.doc B. The proposed use, as conditioned, 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 and will not be injurious to property or improvements in the neighborhood because the proposed use will operate during no peak hours for surrounding uses and will be adequately conditioned to ensure that the operation has had no recognizable negative impacts. C. The proposed use, under all circumstances and conditions of this permit, will not be injurious to property or improvements in the neighborhood because the proposed use will be operated completely within an existing and enclosed building. 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 because the proposed use will be operated completely within an existing building that is serviced by all appropriate utilities and inffastructure. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because the existing roadway network leading to the site and the existing on-site parking is adequate to serve the proposed use. F. The proposed use will not be contrary to the specific intent clauses, development regulations, and performance standards established for the Light Industrial (M-l) zoning district. G. The approval of this Conditional Use Permit is consistent with the Dublin General Plan and will provide a service to the community that is consistent with the intent of the Industrial/Business Park General Plan Land Use designation. BE IT FURTHERED RESOLVED THAT the Dublin Planning Commission does hereby find the following requirements for a parking reduction for shared parking can be met: A. The Conditional Use Permit findings can be made. B. A sufficient number of on and off-site spaces are provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency. Satisfactory evidence is provided that the use types, by their natures and operating times, will not conflict with each other. Overflow parking will not adversely affect any adjacent use. A Parking Study was prepared by Omni Means Engineers to identify the existing parking demand for the overall center and for sub-areas within the center. The overall peak parking demand for the church will occur on Tuesday and Wednesday evenings and Sunday mornings. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby approve a Parking Reduction for Shared Parking for the Sierra Business Center. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby approve P A 05-022 The Well Christian Community Church Conditional Use Permit to expand the existing facility to occupy a total of21,998 square feet of tenant space located at 6533 Sierra Lane, APN 941-0205-020. The project approval shall be subject to compliance with the following conditions which supersede the previous Conditions of Approval for a Conditional Use Permit contained in Resolution 03-46 (PA 03-047): 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 subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PLl Planning, [Bl Building, rpOl Police, [PWl Public Works fADM] 2 Administration/City Attorney, [FINl Finance, [Fl Alameda County Fire Department, rDSRSD] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. GENERAL CONDITIONS 1. Permit Validity. Approval of this Conditional Use Permit shall be valid for one year :trom the effective date. This 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. 2. Revocation. The Conditional Use Permit will 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 approval shall be subject to citation and possible revocation. 3. Compliance. The Applicant/Property Owner shall develop this project and operate all uses in compliance with the Conditions of Approval of this Conditional Use Permit and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. 4. Hours of Operation. Activities of the church shall be limited to the activities listed on the Applicant's Written Statement dated received on April 20, 2005 and the following. Any other events and activities proposed by the Church shall first be subject to review by the Community Development Director. Sunday: Two Sunday morning services (between 8:00am & 12pm) and Prayer/Worship (6pm) Monday-Friday: Office hours (8am-4pm) Tuesday: Mid-week services (6pm) Wednesday: Mid-week services (6pm) Thursday: Women's Bible Study (9:30am & 12pm) Friday: Periodic evening activities (7pm) Saturda : Pra er 6:30am 5. Outdoor Events. Any outside events shall be subject to the Temporary Use Permit requirements contained in the City of Dublin Zonin Ordinance. 6. Parking. Applicant to provide a total of 309 on and off site parking spaces for Sunday services. Off site parking spaces to be provided at 6591 Sierra Lane and 6723 and 6761 Sierra Court. In the event that the adjacent property at 6591 Sierra Lane and 6723 and 6761 Sierra Court are sold while this Conditional Use Permit remains valid, the church will be required to replace any off-site parking that is lost in kind, or reduce the occu anc accordin I . 7. Noise/Nuisance. The Applicant shall control all activities on the site so as not to create a nuisance to the surrounding businesses and residents. No loudspeakers or amplified music shall be permitted to project or be placed outside the buildin . PL On-going Standard PL On-going Standard PL On-going Standard PL On-going CUP PL On-going Standard PL On-going CUP PL On-going CUP 3 15. 16. 8. Signs. Any signage on site shall be subject to the sign requirements contained ill the City of Dublin Zoning Ordinance. Food Preparation. 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 re aration. Minor amendments. Modifications or changes to this Conditional Use Permit approval may be considered and approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, of the Zonin Ordinance. Fees. The Applicant shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning Fees, Building Fees, Dublin San Ramon Service District fees, Public Facilities fees, Tri Valley Transportation fees, Downtown Traffic Impact Fee, Dublin Unified School District impact fees, Alameda County Fire Services fees, Noise Mitigation fees; Inclusionary Housing in lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water connection fees. When and if applicable and customary, credits shall be applied for existin im rovements. Property Maintenance. The property shall be maintained in accordance with Section 5.64, Property Maintenance of the Dublin Munici al Code. Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. Building Permits. To apply for building permits, the Applicant shall submit eight (8) sets of construction plans to the Building 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 lans. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (de ictin existin and ro osed conditions on site . Engineer Observation. The Engineer of record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, hold downs, straps, shear, roof diaphragm and structural :trame of building. A written report shall be submitted to the City Inspector prior to scheduling the final :trame ins ection. 9. 10. 11. 12. 13. 14. 4 PL PL PL B B B B B B On-going Standard On-going CUP On-Going CUP Issuance of Standard Building Permits On-going Standard Through UBC Completion Issuance of Standard Building P ermi ts Issuance of Standard Building Permits Issuance of Standard Building Permits 17. The restrooms have been reviewed and will be allowed without revision at this time. Due to the limited time usage of the buildin . 18. The maximum occupancy of the sanctuary is restricted to 600 eo Ie. 19. The storage area in the assembly area shall be separated ffom the assembly area by a one hour occupancy separation. CBC Cha ter 3. 20. Exit signs and emergency lighting shall be provided as required by the CBC Chapter 10. 21. Ifkey locking hardware is used on the main door, provide a sign above the door stating, "THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS". Otherwise the exit doors shall be openable ffom the inside without special knowledge or effort and have lever or panic hardware anic hardware ffom the assembl area. CBC 1003.3.1.8. 22. The sprinkler system shall be modified as necessary to provide protection for the tenant improvement. Submit detailed shop drawings to the Fire Department for approval and permit prior to installation. A separate permit fee is re uired. NFP A 13 23. Provide a fire alarm system in the space as required by CBC 303.9. The system shall be tied into the existing sprinkler monitoring/fire alarm system for the building. Submit detailed shop drawings to the Fire Department for approval and permit prior to installation. A separate permit fee is re uired. NFP A 72 24. A Knox box shall be provided at the main entry door. The Knox box shall contain a key that provides access to the tenant space. Order forms for the lock box are available at the Fire Prevention office at the address above. The key can be laced in the box durin the Fire De artment ins ection. 25. Approved numbers or addresses shall be placed on the tenant space in such a position as to be plainly visible and legible ffom the street or road ffonting the property. Said numbers shall be laced on a contrastin back ound. CFC 902.4 26. The project shall comply with Uniform Building and Fire Codes as ado ted b the Cit of Dublin. 27. Provide an accessible concrete walkway ffom the public sidewalk on Sierra Lane to the building entrance per California Building Code requirements. Said walkway shall be 4' minimum width with compliant curb ramps at transitions between the walkway and the drive aisle crossings. Note that minor adjustments to the existing landscaping and irrigation systems will be necessary to install the walkwa . 5 B B F F F F F F F F PW On-going On-going Issuance of Building Permits Issuance of Building Permits On-going Issuance of Building Permits Issuance of Building Permits On-going On-going Final Final CUP CUP CUP CUP Standard CUP CUP Standard Standard Standard Standard 28. Provide an accessible concrete walkway ffom the parking PW /PL area at 6591 Sierra Lane and 6723 and 6761 Sierra Court to the building entrance per California Building Code requirements. Said walkway shall be 4' minimum width with compliant ramps at transition between the walkway and the drive aisle crossin s. Provide photometric calculations for the existing parking lot PW and around the building that demonstrates a minimum foot- candle lighting level of not less than 1.0 at the ground surface for the adjacent parking area; ifthis cannot be verified rovide additionalli htin where necessa Applicant should repair any distressed areas of pavement PW within the existing parking field, then seal and re-stripe the arkin field. The Applicant shall comply with all applicable City of PO Dublin Non Residential Securit Ordinance re uirements The Developer and/or Property Owner shall keep the site PO clear of graffiti vandalism on a regular and continuous basis at all times. Lighting used after daylight hours shall be adequate to PO provide for security needs (1.5 foot candles). Exterior lighting shall be provided around the entire perimeter of the buildin and in the arkin area. Prior to issuance of any building permit, complete DSRSD improvement plans shall be submitted to DSRSD that conform to the requirements ofthe Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD olicies Prior to issuance by the City of any Building Permit or DSRSD Construction Permit by the Dublin San Ramon Services District, whichever comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 29. 30. 31. 32. 33. 34. 35. 6 Final Issuance of Building Permits Final On-going On-going On-going Issuance of Building Permits Issuance of Building Permits CUP Standard Standard CUP CUP CUP Standard Standard 36. Prior to issuance by the City of any Building Permit or DSRSD Construction Permit by the Dublin San Ramon Services District, whichever comes first, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the Applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The Applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District En ineer. 37. No sewer line or waterline construction shall be permitted DSRSD unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all ofthe items in Condition No.9 have been satisfied. 38. The Applicant shall hold DSRSD, its Board of Directors, DSRSD commissions, employees, and agents of DSRSD harmless and indemnify and defend the same ffom any litigation, claims, or fines resulting ffom the construction and com letion of the ro . ect. PASSED, APPROVED AND ADOPTED this 28th day of June 2005. AYES: Chair Schaub, Cm. Biddle, and Fasulkey NOES: ABSENT: Cm. King and Wehrenberg ABSTAIN: Issuance of Building Permits Standard Issuance of Building Permits Standard On-going Standard ~Æk~ Planning Commission Chairperson ATTEST: Pl.i~ \ 7