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HomeMy WebLinkAbout03/20/1995 PC Agenda CITY OF DUBLIN PLANNING COMMISSION , Regular Meeting-Dublin Civic Center Monday-7:30 p.m. 100 Civic Plaza,Council Chambers March 20,1995 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. ADDITIONS OR REVISIONS TO THE AGENDA 5. MINUTES OF PREVIOUS MEETINGS-March 6,1995 6. ORAL COMMUNICATION-At this time,members of the audience are permitted to address the Planning Commission on any item(s)of interest to the public;however,no ACTION or DISCUSSION shall take place on any item which is NOT on the Planning Commission Agenda. The Commission may respond briefly to statements made or questions posed,or may request Staff to report back at a future meeting concerning the matter. Furthermore,a member of the Planning Commission may direct Staff to place a matter of business on a future agenda. Any person may arrange with the Planning Director(no later than 11:00 a.m.,on the Tuesday preceding a regular meeting)to have an item of concern placed on the agenda for the next regular meeting. 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PA 94-052 CrossWinds Church Expansion Conditional Use Permit. The project consists of an expansion of the seating capacity of the church auditorium by 484 people at 6444 Sierra Court. This increased expansion will require a minimum of 81 additional off-site parking spaces which will be provided on the adjacent parcel located at 6780 Sierra Court. Expansion of the church's seating capacity requires approval of a new Conditional Use Permit. The existing Conditional Use Permit,PA 92-038,which is valid until August 27,1997,allowed for the operation of the church with a total seating capacity of 700 people within the auditorium and a minimum of 175 on-site parking spaces. 9. NEW OR UNFINISHED BUSINESS 9.1 Review of Planning Commission Rules of Procedure 10. OTHER BUSINESS(Commission/Staff Informational Only Reports) 11. ADJOURNMENT (Over for Procedure Summary) CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: March 20, 1995 TO: Planning Commission FROM: Planning Staff if PREPARED BY: Ralph Kachadourian, Assistant Planner/Zoning Investigator If— SUBJECT: PA 94-052 CrossWinds Church Expansion Conditional Use Permit GENERAL INFORMATION: PROJECT: Conditional Use Permit request to allow the expansion of the church auditorium seating capacity by 484 additional persons and to provide off-site parking to accommodate the increased seating capacity. APPLICANT: Marty Cutrone Executive Pastor CrossWinds Church 6444 Sierra Court Dublin, CA 94568 PROPERTY OWNER: Irving Betz&Sam Genirberg 2520 College Avenue Berkeley, CA 94704 LOCATION: 6444 Sierra Court ASSESSOR PARCEL: 941-205-11 PARCEL SIZE: ±5 acres GENERAL PLAN DESIGNATION: Business Park/Industrial: Low Coverage EXISTING ZONING AND LAND USE: M-1, Light Industrial District Mix of Warehouse/Industrial/Wholesale Uses; Masonry,Tile and Stone with Outdoor Storage; CrossWinds Church; Recreational Sports Facility SURROUNDING LAND USE AND ZONING: North: Warehousing Industrial (Mixed Uses); M-1, Light Industrial District COPIES TO: Applicant ITEM NO. �• Property Owner Addr�S File South: Warehousing Industrial Uses(Chevron Records Retention Facility and Alameda County Automobile Auction); M-1, Light Industrial District East: Industrial and Warehousing Uses(Sierra Trinity Business Park);PD, Planned Development District West: Alamo Canal and Residential Homes; R-1, Single-Family Residential District ZONING HISTORY: C-2590: On March 28, 1973,the Alameda County Zoning Administrator approved a Conditional Use Permit to allow the outdoor storage of vans to be converted to campers, and finished campers before shipment to dealers within an enclosed portion of the site. C-3112: On July 7, 1976,the Alameda County Zoning Administrator approved a Conditional Use Permit to Amador Valley Rental for a general rental equipment center and outdoor storage yard. PA87-124: On August 29, 1988,the Dublin Planning Director approved a C-2-B-40 type directory sign for the subject site. PA90-082: On November 5, 1990,the Planning Commission approved a Conditional Use Permit for Del Piso Masonry,Tile&Stone,to allow the establishment of an outdoor storage yard and Site Development Review approval for exterior site modifications at the west end of the existing improved site. PA90-081: On January 22, 1991,the Planning Commission approved a Conditional Use Permit for United Hands Recycling Center to operate a recycling facility and food distribution center and denied a Site Development Review request for exterior site modifications regarding outdoor storage. The use has ceased operation and the United Hands Recycling Center has vacated the building. PA92-038: On August 17, 1992,the Planning Commission approved a Conditional Use Permit to CrossWinds Church to allow the establishment of a Community Facility(Church)within an existing ±40,000 square foot tenant space. The Conditional Use Permit approval is valid until August 27, 1997. On June 10, 1994,the Planning Director approved a minor amendment to Condition#1 of the Conditional Use Permit to allow a small bookstore within the church for use by parishioners only during Sundays and Wednesdays. PA93-048: On September 29, 1993,the Zoning Administrator approved a Conditional Use Permit to All Sorts of Sports for a 12,000±square foot commercial recreation facility use for batting cages, basketball hoops,video games and a small concession snack bar. APPLICABLE REGULATIONS: Section 8-51.3)A)(10)states that other uses(such as a Church)which are found by the Planning Commission as may meet the intent of the district and the requirements of Section 8- 51.8 Performance Standards: M-1 Districts,may be permitted as a Conditional Use in the M-1 District. -2- PAGE Z OF t Section 8-61.0(d) states that churches are allowed as Conditional Uses in any District if approved by the Planning Commission. Section 8-94.0 states that conditional uses must be analyzed to determine 1) whether or not the use is required by the public need; 2)whether or not the use will be properly related to other land uses,transportation and service facilities in the vicinity;3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. Section 8-94.2 states in part that the Planning Commission shall receive, hear and decide applications to renew or extend the term of a Conditional Use or to modify or waive any condition previously imposed upon a Conditional Use. ENVIRONMENTAL REVIEW: A Negative Declaration has been prepared for the project pursuant to the California Environmental Quality Act(CEQA),the State CEQA Guidelines, and the City of Dublin Environmental Guidelines. The proposed project will not have a significant effect on the environment. NOTIFICATION:The Notice of Public Review of Negative Declaration and the Notice of Public Hearing for the March 20, 1995 hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Applicant, Mr. Marty Cutrone, Executive Pastor for CrossWinds Church is requesting Conditional Use Permit approval to expand the seating capacity of the auditorium by 484 additional persons. The existing Conditional Use Permit, PA 92-038,which is valid until August 27, 1997, allows a total seating capacity of 700 persons within the auditorium with a minimum of 175 on-site parking spaces. The church currently is comprised of a principal congregational meeting room/recreation room (auditorium),smaller meeting rooms,classrooms,day care, administrative offices, lobby, and a small bookstore for use by parishioners during church hours. The church operates from 8:00 a.m.to 12:00 p.m.on Sundays and 6:00 p.m.to 9:00 p.m.on approximately three weekday evenings. The church auditorium utilizes portable chairs, instead of traditional fixed seating, or pews. Recently, CrossWinds Church acquired 68 lineal feet of retractable bleachers from Dublin High School. The bleachers provide 11 rows of seating and were installed without building permit approval along the east-side of the auditorium as shown on Exhibit A. The Building Official has determined that the seating capacity of the bleachers as installed allows for a total of 484 persons. The Applicant will move the north-side bleachers against the wall as shown modified by Exhibit A, in order to provide an additional exit for the auditorium as required by the Uniform Building Code. This increased seating capacity in the auditorium will require a minimum of 81 additional parking spaces. The existing on-site parking lot of the church site accommodates 175 parking spaces. The Applicant's proposal provides for the additional off-site parking spaces on the B&G Management property at 6780 Sierra Court, which is the adjacent property directly to the north of the church site. CrossWinds Church has secured written permission from B&G Management(the same property owners of the church site),to use the additional parking spaces needed. The Applicant has provided a written letter from B&G Management indicating permission to use the parking spaces at 6780 Sierra Court for the duration of the church use(Attachment 4). -3- PAGE '5 OF 11 For public safety purposes,the Public Works Department has determined that a sidewalk will need to be installed along the frontage of 6780 Sierra Court to better facilitate public access to the church and to eliminate any potential hazards to pedestrians. Public Works has also determined that since the use of the additional off-site parking spaces needed for the increased church occupancy is temporary and for a limited time,the off-site sidewalk improvement and installation is adequate in lieu of a traffic impact fee. The Applicant has agreed to voluntarily construct a sidewalk along the frontage of 6780 Sierra Court, and will provide portable temporary signage and a volunteer parking team to better facilitate public access to the church and to eliminate any potential hazards to pedestrians. The Applicant is requesting a 1-year period of time in which to install the sidewalk and is willing to submit a "Completion Bond"to guarantee the installation. A condition has been included in the draft resolution regarding the sidewalk installation. The Planning Commission considered the church use an appropriate use within the M-1, Light Industrial District, as it was considered a minor temporary alteration to the planned land use of the light industrial district. Since CrossWinds Church operates only on weekends and during weekday evenings,the use has not presented a problem to the existing adjacent uses on-site, as they are not operating during these times. The proposed project expansion is in conformance with all applicable regulations of the Zoning Ordinance. This project has been reviewed by other City departments and affected government agencies, and their comments have been incorporated into the draft Resolution. Staff recommends approval of the Applicant's request for Conditional Use Permit subject to the conditions listed in the draft Resolution, Exhibit C. RECOMMENDATIONS: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff,Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolution relating to PA 94-052, CrossWinds Church Expansion Conditional Use Permit,or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends that the Planning Commission adopt the draft Resolutions approving the Negative Declaration (Exhibit B) and Conditional Use Permit(Exhibit C) relating to PA94-052. ATTACHMENTS: Exhibit A: Auditorium Floor Plan/Site Plan/Parking Site Plan Exhibit B: Draft Resolution approving Negative Declaration Exhibit C: Draft Resolution approving Conditional Use Permit Background Attachments: Attachment 1: Location Map Attachment 2: Project Description Attachment 3: Written Addendum regarding Sidewalk Installation and Off-site Parking Attachment 4: Parking Agreement letter from B&G Management 4 �{ ( a- '-.G.- `•F';-'i�•i.• iA"ar - '!_ -a - J '• S J ]n 1 L 7 � - r• Jr / r 4v4. • Y � I 7 I - .a n+wol Y. 1 tt 1't A. 6 C f .yam L _ ,E [z D _ F I t 4 I'f '.S eNG 1 II _ 11` l I l 1: r' • •�'.I 'I' -C "- ' �I '` f y\ •o, su,. w7m, ,u C-i-'- K) II IL t •I . '•, , `••�V Ll 1�+ A na OT11 _. T. 4, �,. i:. i ,: �I•a i,� - _ - j - L • < i FlGblt ei6P'Tlt•IB-I'iQ7 M6XIMUM � . 2, ;• ! BLE�CHeP-�oEA•'TNf�]{� IMUMEl ZL Of b In. - I \ ,�MLTKIG�L. aNEI-S . J vs 1 of Nl- I' :,y a.F.lz Ft�•I 1' •, ''st :• .-1'7vT :!.av SIcIJS ,65 Vc't5t7 oN 91•EbT :1 4 ; m._ . �; . 0. 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L; xk ra RESOLUTION NO. 95-00 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ADOPTING A NEGATIVE DECLARATION FOR PA94-052 CROSSWINDS CHURCH EXPANSION CONDITIONAL USE PERMIT WHEREAS,Mr. Marty Cutrone, Executive Pastor of CrossWinds Church, has filed an application requesting Conditional Use Permit approval to expand the 700 person seating capacity of the auditorium by 484 additional persons and to provide 81 off-site parking spaces on the adjacent parcel to the north site at 6780 Sierra Court, in order to accommodate the increased seating capacity of the church, located at 6444 Sierra Court in the M-1, Light Industrial District; and WHEREAS,the California Environmental Quality Act ICEQAI,together with the State guidelines and City environmental guidelines require that certain projects be reviewed for environmental impact and that environmental documents be prepared;and WHEREAS,an Initial Study was conducted finding that the project, as proposed,would not have a significant effect on the environment; and WHEREAS,a Negative Declaration has been prepared for this application; and WHEREAS,the Planning Commission did review and consider the Negative Declaration at a public hearing on March 20, 1995;and WHEREAS,proper notice of said public hearing was given in all respects as required by law. NOW,THEREFORE,BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: 1. The Crosswinds Church Expansion Conditional Use Permit project will not have a significant effect on the environment. 2. The Negative Declaration has been prepared and processed in accordance with State and local environmental laws and guideline regulations. 3. The Negative Declaration is complete and adequate. PASSED,APPROVED AND ADOPTED this 20th day of March, 1995. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director EXHIBIT PAGEZ OF RESOLUTION NO. 95-00 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA94-052 CROSSWINDS CHURCH EXPANSION CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION OF THE CHURCH AUDITORIUM SEATING CAPACITY OF 700 PERSONS BY 484 ADDITIONAL PERSONS AND TO ALLOW 81 OFF-SITE PARKING SPACES AT 6780 SIERRA COURT IN ORDER TO ACCOMMODATE THE INCREASED SEATING CAPACITY OF THE CHURCH,LOCATED AT 6444 SIERRA COURT. WHEREAS,Mr. Marty Cutrone, Executive Pastor of CrossWinds Church, has filed an application requesting Conditional Use Permit approval to allow the expansion of the church auditorium seating capacity of 700 persons by 484 additional persons and to allow 81 off-site parking spaces at 6780 Sierra Court in order to accommodate the increased seating capacity of the church, located at 6444 Sierra Court, in the M-1, Light Industrial District; and WHEREAS,the Planning Commission did hold a public hearing on said application on March 20, 1995; and WHEREAS,proper notice of said public hearing was given in all respects as required by law;and WHEREAS,the application has been reviewed in accordance with the provisions of the California Environmental Quality Act(CEQA) and a Negative Declaration has been adopted (Planning Commission Resolution No. 95-00). The project will not have a significant effect on the environment; and WHEREAS,the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS,the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW,THEREFORE,BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: A. The proposed expansion of the church will serve the public need by providing increased opportunity for spiritual worship, counseling and community activities within the City of Dublin. B. The proposed church expansion use will be properly related to other land uses, transportation and service facilities in the immediate vicinity,as the proposed use, as conditioned and temporary,will be compatible to said land uses,transportation and service facilities in the immediate vicinity. C. The proposed church expansion use will not materially adversely affect the health or safety of persons residing or working in the vicinity,or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations and conditions of approval will be met. D. The proposed church expansion use will not be contrary to the specific intent clauses or performance standards established for the district in which it is to be located, as the proposed use is compatible as a temporary use,with the adjacent light industrial district uses. E. The project is consistent with the policies contained in the City of Dublin General Plan. PAGE OF EXHIBIT C BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 94-052 CrossWinds Church Expansion Conditional Use Permit as shown on Exhibit A, stamped approved and on file with the Dublin Planning Department, and subject to the following conditions of approval: 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, [B]Building, [PO]Police, [PW] Public Works, [ADM]Administration/City Attorney,[FIN]Finance, [F] Dougherty Regional Fire Authority, [DSR]Dublin San Ramon Services District, [CO]Alameda County Department of Environmental Health. 1. This approval is for the expansion of the CrossWinds Church facility, by increasing the seating capacity of the church auditorium from 700 persons to 1184 persons (484 additional persons), and to allow 81 additional off-site parking spaces at 6780 Sierra Court, to accommodate the increased seating capacity, as shown on the floor layout, site and parking plan,consisting of 2 sheets labeled Exhibit A, prepared originally by Ambiance Associates and modified by Cary Parsons,dated received November 22, 1994. [PL] 2. Activities of the church use shall be limited to the following: Services on Sunday; Sunday School; Child-Care during Services only;Weekday evening activities;recreation room (auditorium); smaller meeting rooms;classrooms;lobby;small church bookstore and Administrative Offices. [FL] 3. The Applicant shall utilize the additional 81 off-site parking spaces at 6780 Sierra Court for auditorium use only during the entire duration of this use permit approval. The Applicant and Property Owner shall continue to maintain the 175 on-site parking spaces at 6444 Sierra Court at all times and throughout the duration of this use. [PL, B, P01 4. The Applicant shall install a public sidewalk along the entire frontage of 6780 Sierra Court, within 1-year of the effective date of approval of this Conditional Use Permit. Prior to the issuance of a building permit,the Applicant shall submit a "Completion Bond"to the satisfaction of the Public Works Director,to guarantee the installation of the public sidewalk. [PW, B, FL] 5. All improvements within the public right-of-way, including curb,gutter,sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and may be constructed only after an encroachment permit has been issued. WW1 6. The Applicant and/or Property Owner shall be responsible for correcting deficiencies, if any, in the existing frontage improvements along 6780 Sierra Court,to the satisfaction of the Public Works Director and shall be accomplished at no expense to the City. [PW] 7. Occupancy within the auditorium shall be regulated by the provisions established in the Uniform Building Code. The Applicant shall obtain Building Permit approval for the bleacher installation and the required exiting needed for the auditorium prior to occupancy and/or use. [B, FL] 8. The Applicant shall be responsible for ensuring that all activities related to the church be maintained in a manner which minimizes the impacts on surrounding businesses. [PL, 131 - 2 - PAGE OF ) ` 9. All weekday evening meetings and activities of the church shall begin after 6:00 p.m. [PL, P0] 10. All signs for the church shall be subject to the sign regulations of the Zoning Ordinance. Temporary portable "sandwich board type"signs for the purpose of directing traffic for parking shall be allowed and may only be used to facilitate parking on or off the church site and said signs shall only be placed at the entrances to the church property and the adjacent properties to enhance parking accessibility. [PL] 1 1. The Applicant shall comply with all applicable requirements and regulations of the Dublin San Ramon Services District, Dougherty Regional Fire Authority, Dublin Police Services and the Dublin Building Inspection Department. [DSR, F, B] 12. The Applicant shall be responsible for maintaining the church site in a clean and litter-free condition at all times. [PL] 13. No loudspeakers or amplified music shall be permitted to project outside of the enclosed church building. [PL] 14. This Conditional Use Permit approval shall supersede the previously approved Conditional Use Permit,PA 92-038. This aooroval shall be valid until August 27, 1997. The approval of the Conditional Use Permit may be extended an additional two (21 years by the Zoning Administrator, in compliance with Section 8-94.2 of the Zoning Ordinance, upon the determination that the conditions are being complied with and remain adequate to ensure that the stated findings will continue to be met. The Applicant must submit a written request for the time extension prior to the expiration date of the use permit. [PL] 15. Any additional uses proposed by the church shall first be subject to Planning Director review and approval. [PL1 16. On at least an annual basis,this Conditional Use Permit approval shall be subject to Zoning Investigator review and determination as to compliance with the Conditions of Approval. [PL] 17. This approval shall become null and void, in the event the approved church use ceases to operate for a continuous one year period. [PL] 18. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit may be subject to the issuance of a citation. [PL] PASSED,APPROVED AND ADOPTED this 20th day of March, 1995. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director 3 PAGE�OF )(( I` I ..< \ .N- \ 4,4w...to 04 i\,, 'I VII c in ,i/ ,.. s P,D . 3t ciqvc2- PA /009 egossvJiNOS , .0112n1„,..ft OckAiactl * -,--#11 / . ( 1 . *CI 1 LINIIIS L / • ZS:004 I i tairM4 c1S01ATE 4-_LS ;M+q^ ipp u / r y '' t - i /f1�'. r .4. * i c r ♦ L . ale'. `�i"�..�. ' i o .. • o 4b ipp.4 _I , . .♦ • ,, 1 1 __,_ \ 9r- ' a. , art �, PA 85 - 032 ••.L.,./4 / co [ NOW TOO R. i V,it: � I I V I / // P D 'gt///1 r / . 4S* � ; PD PA 9: C-2 C-2 ,• /-----------T_______H„ /4/ 4 4 ro civic _ Ill G`rsG IS . • /' PA85-020 , . PDDUBLIN n„�i y r\ \ SPORTS \ 491 Z.U. GROUNDS �I , cr. M — I 1( 14 090 : 1 S 1'r •r , ATTA NCI NT Conditional Use Permit Project: Installation of Bleachers CrossWinds Church 6444 Sierra Court Dublin,CA 94568 STATEMENT OF PURPOSE Since relocating to Dublin in December of 1992,CrossWinds Church has experienced a 44.7%increase in Sunday attendance(approximately 1,300 to over 1,850). Because the auditorium seating capacity is 700,two services on Sunday is inadequate to accommodate our current attendance. In fact,three services would be obsolete within a short time frame based on realistic growth projections. One potential solution became plausible when Dublin High School offered to donate their gymnasium bleachers,which were being replaced,to CrossWinds in August of 1994. We accepted the offer and commenced the conditional use permit process. CrossWinds has since procured a total of 68 lineal feet of retractable bleachers, approximately 10'in height,20'in depth(fully protracted),with 11 rows of seating. The bleachers were divided in two sections and installed in the rear/east side of the auditorium flanking the sound and technical booth (which is approximately 35'x 20'extending from the rear/east side of the auditorium). Seating capacity for the bleachers will be a total of 484(based upon the building code formula of 18"per seat). Significant additional parking(well more than the building code requirement)will be provided by neighboring businesses directly to the north and south of our building,totaling more than 300 available spaces. Because this particular light industrial business park is virtually vacant on Sundays and Wednesday evenings(after business hours)-which is the peak usage time for the church-the traffic and parking impact on local business is nominal, perhaps non-existent. Ultimately it is the church's desire to provide adequate seating for all who desire to attend,both now and in the future. The addition of bleachers is presently the only viable solution to our projected growth given the limitations of our auditorium space. (The bleachers are currently fully retracted and are not being utilized pending conditional use permit approval.) RECEIVED olt4-(na NOV 2.2 1994 r,1GE1kor.). __ ATTACHMENT 2,,, PEC?1VED I.C. 3 1 1 p5 CROSSWINDS CHURCH February 15, 1995 Mr. Ralph Kachadourian Planning Department City of Dublin 100 Civic Plaza Dublin, CA 94568 Dear Ralph, Pursuant to our conversation regarding our pending conditional use permit application dated October 31, 1994, I am providing a written addendum which addresses the parking requirements as stated by Mehran Sepehri, Senior Civil Engineer of the Public Works Department. We have visually identified and have received approval for usage of 82 parking spaces around the perimeter of the adjacent light industrial building located at 6780 Sierra Court, per property owner Sam Genirberg. It is our understanding the 82 spaces are sufficient to meet expanded occupancy-parking ratio requirements. Further, it is our intention to provide large temporary (moveable)parking "sandwich board signs" at the building entrance to enhance parking accessibility. Additionally,we will utilize a volunteer parking team to augment safe and efficient parking and traffic flow before and after services. Therefore,we agree to install a public access sidewalk along the front of the 6780 property facing Sierra Court in accordance with the city code and public works requirements. However,we request that a one year period be granted for the completion of the sidewalk project because of the unexpected,immediate financial burden on our church. We are prepared to comply with the conditions of a "Completion Bond" for this project as suggested by Mehran Sepehri. We hope this addendum will help expedite the approval process. As you are well aware, it is absolutely critical that our bleacher project be approved for use and functional to accommodate our Easter crowd,our largest attended service of the year. Please call me if you n d any additional information. Co ally, - Mar Cutr e Executive stor cc: Mehran Sepehri ATTACHMENT 3 6444 Sierra Court, Dublin,CA 94568•(510)551-3300 PAGE13 OF L April 22, 1993 We, the undersigned, do hereby agree that CrossWinds Church has permission to use the approximate 150 parking spaces at the property located at 6780 Sierra Court in Dublin on Sunday mornings and Wednesday evenings for the duration of their five year use permit with the City of Dublin. It is also agreed that CrossWinds Church shall hold harmless B/G Management Company and its employees and tenants for any liablity matters rising as a result of personal injury or property damage while parking on B/G Management Company premises. CrossWinds Church understands that it will utilize the adjacent parking area this property at its own risk. ff ' / („_________ \ / Sam Genirberg ✓ Greg Nelson B/G Management Company CrossWinds Church RECEIVED FEB 2 2 1995 `11BLIN PLANNINr ATTACHMENT CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date:March 20, 1995 TO: Planning Commission FROM: Planning Staff PREPARED BY: Laurence L.Tong, Planning Director SUBJECT: Review of Planning Commission Rules of Procedure EXHIBITS ATTACHED: 1. Draft Resolution amending and adopting the Dublin Planning Commission Rules of Procedure 2. Planning Commission Resolution No. 94-10 RECOMMENDATION: Consider adopting Resolution amending and adopting Rules of Procedure FINANCIAL STATEMENT: None DESCRIPTION: On March 13, 1995,the City Council reviewed the process by which the Planning Commission Chairperson and the Parks&Community Services Commission Chairperson appoint people to committees. The City Council discussed revising the Commission's rules so that any appointments by the Chairperson would be subject to approval by the Commission. The City Council decided to not require or suggest that the rules be revised. To date,the Planning Commission has typically acted as a whole on matters that have come before it.The Planning Commission has not appointed committees to review matters.The Planning Commission may,however,wish to amend its rules so that any appointments in the future are subject to approval by the Commission. This would provide some consistency with the process that the Mayor and City Council use to make appointments to Commissions. Staff has prepared a draft Resolution incorporating the potential amendment for the Planning Commission's consideration. It would also be appropriate for the Planning Commission to identify any other amendments it wishes considered. If the Planning Commission identifies other amendments,it may be appropriate to continue this item to allow Staff time to draft the amendment language. COPIES TO :Agenda File ITEM NO. 9.1 PAGEOF l�' NOTE: Bold Italics reflect revised language. Strikeout reflects deleted language. (DRAFT) RESOLUTION NO. 95- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN AMENDING AND ADOPTING THE DUBLIN PLANNING COMMISSION RULES OF PROCEDURE WHEREAS, the Dublin Municipal Code states that the Dublin Planning Commission shall adopt rules for the transaction of the Commission's business; and . id .; WHEREAS, on March 21, 1994,the Planning Commission did review previously adopt amendments to the Dublin Planning Commission Rules of Procedure; and WHEREAS, on March 20, 1995, the Planning Commission did review additional amendments to the Dublin Planning Commission Rules of Procedure. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission finds th t the following BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby adopt the following Rules of Procedure: REVISED 3/21/91 3/20/95 DUBLIN PLANNING COMMISSION RULES OF PROCEDURE I. GENERAL PROVISIONS A. These rules of procedure shall be known as the"Dublin Planning Commission Rules of Procedure." A copy of these rules, and amendments thereto, shall be filed in the offices of the Planning Department and the City Clerk for examination by the public. B. These rules, and any amendments hereto, shall be effective on the date of the adoption hereof and shall govern the meetings and conduct of hearings by the Commission. II. OFFICERS A. Election and Term of Office The Chairperson, Vice Chairperson and Secretary are elected by the majority of the Commission for a one-year term and hold office until their successors are elected or until their terms as members of the Commission expire. The officers are elected at the first meeting of the Commission in December of each year. Elections; whether regular or to fill vacancies, shall be held only if at least four Commission members are present. / ATTACHMENT PAGE�OF1 - B. Vacancies In case of any vacancy n the office of Chairperson,Vice Chairperson or Secretary,the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. Persons so elected shall serve the balance of the term. C. Duties of Officers The Chairperson performs the following duties: 1. Presides at all meetings of the Commission. 2. Appoints committees and chairpersons of committees. 3. Signs correspondence on behalf of the Commission. 4. Represents the Commission before the City Council. 5. Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his/her inability to act,the Vice Chairperson presides in place of the Chairperson. In the event of the absence of or inability to act of both the Chairperson and Vice Chairperson,the remaining members shall elect one of their members to act as temporary Chairperson. D. Committees The Chairperson, upon direction approval of the Commission, may appoint several of its members, but fewer than a quorum,to serve as a committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable,the Commission may appoint non-members to the committee. Committees make recommendations directly to the Commission. A committee may not represent the Commission before the Council or other bodies unless it has first received the authorization of the Commission to do so. III. MEETINGS A. Regular meetings shall be held on the first and third Mondays of each month at 7:30 p.m. in the Council Chambers at the Dublin Civic Center, 100 Civic Plaza,Dublin, California. B. If the regular meeting place is unable to accommodate the meetings,the Commission may recess the meeting to another place. If the Commission anticipates that the regular meeting place will be inadequate,the Commission,or Chairperson in the event of an emergency, may order that the meeting be held in another place. C. Items for public hearing will normally be considered at the beginning of each meeting. D. Special meetings may be called by the Chairperson or a majority of the members of the Commission. E. A majority of the voting members of the Commission shall constitute a quorum for the Commission. F. No new public hearing item will begin after 10:30 p.m., and the meetings will be adjourned by 11:00 p.m.,except under unusual circumstances where the Commission votes to hear the item or to extend the meeting for 30-minute increments. 2 A�'�GE a O 1 IV. VOTING A. No official action shall be transacted by less than the affirmative vote of a majority of the quorum present, and at least three affirmative votes shall be required to recommend matters to the City Council for adoption. B. A motion may refer to items by agenda number. A motion may not be withdrawn by the mover without the consent of the member seconding it. Motions on items or matters not involving a gearing may be adopted by voice vote unless any members request a roll call vote. C. Tie votes result in defeat of a motion, and unless a subsequent motion is passed regarding an item, results in its denial. Abstentions shall not be counted as either for or against a motion under any circumstances. V. AGENDA The agenda of each regular or special meeting shall, at a minimum, include: a. The date,time, and location of the meeting. b. A brief general description of each item of business to be transacted or discussed at the meeting. c. A specified period of time for members of the public to address the Commission on items of interest to the public that are within the jurisdiction of the Commission, including a provision that no person may speak longer than five(5)minutes, and including language that the Commission can only briefly respond with questions, refer to Staff, or place the item on a future agenda. The agenda of each meeting will normally include the following items: 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Additions or Revisions to the Agenda 5. Minutes 6. Oral Communications 7. Written Communications 8. Public Hearings 9. New or unfinished Business 10. Other Business(Commission/Staff Informational Only Reports) 11. Adjournment At least 72 hours before each regular meeting, and at least 24 hours before each special meeting,the Secretary shall post a copy of the agenda at the kiosk in front of the Dublin Civic Center, 100 Civic Plaza, Dublin, California. The Secretary shall execute a Declaration of Posting which shall be filed in the Dublin Planning Department. VI. HEARING PROCEDURES A. The Chairperson shall announce the public hearing item. Commission members shall state any known conflicts of interest and shall not participate in the hearing. 3 B. The Chairperson shaii determine if the Applicant or representative is in attendance at the public hearing. If the Applicant or representative fails to attend the public hearing,the Planning Commission may take action to deny, continue, or approve the item. The item may be continued if the Planning Commission receives written notification of the Applicant's inability to attend the meeting. C. The order of presentation shall be as follows: I. Summary Presentation by Planning Staff 2. Questions by Planning Commission 3. Comments by Applicant 4. Comments by Other Proponents 5. Comments by Opponents 6. Rebuttal by Applicant if necessary 7. Additional Comments by Staff as appropriate D. The Chairperson or Commission shall close the public hearing and the item is turned over to the Commission for discussion and action. The audience is not permitted to make any further comments unless invited by the Commission. E. The Planning Staff shall retain copies of all documents or exhibits presented. F. All those wishing to give testimony shall identify themselves by name and address. The Chairperson may require the use of speaker slips. G. The Chairperson may limit the time for the presentation of testimony by each person and shall announce said limitation prior to any presentations. Persons may speak more than once only after obtaining permission from the Chairperson. Notwithstanding the above,the Chairperson may terminate the speaking period of any person when the time taken by the person becomes excessive or when the testimony becomes repetitious or irrelevant. H. A member of the Commission, Staff or public may ask the speaker questions only with the consent of the Chairperson. All responses and answers shall be made to the Commission through the Chairperson. I. A member of the Commission may not consider a fact not presented as part of the record unless he discloses said fact prior to the closing of the public hearing. J. No evidence shall be taken after the closing of the public hearing. The public hearing may be reopened for the taking of further evidence at the discretion of the Chairperson. K. Applause and other demonstrations are prohibited during public hearings. Such demonstrations tend to intimidate those in the audience who may have valid but opposing viewpoints. VII. DELIBERATIONS AND DECISIONS A. The Commission shall not deliberate nor make a decision on the application until the close of the public hearing. B. Deliberations and decisions shall be based on the staff report, documents and exhibits, evidence presented at hearings and stated open and notorious facts. 4 PAGE 1 OF./2-, VIII. ITEMS NOT ON THE AGENDA A. No action shall be taken on any item not appearing on the posted agenda for a regular or special meeting,unless: 1. the Planning Commission determines by majority vote that an emergency situation exists, as defined in Government Code Section 54956.5; 2. the Planning Commission determines by a two-thirds vote,or by a unanimous vote if only three members are present,that the need to take action arose after the agenda was posted; or 3. the item was included in a posted agenda for a prior meeting held within five(5)calendar days and was continued to the meeting at which the action is taken. B. When an item not on the agenda is raised by a member of the public,the Commission may briefly respond,may ask questions for clarification,may refer the item to Staff, or may request Staff to report back at a subsequent meeting,unless the Planning Commission determines to take action under Section VIII(A-2). PASSED,APPROVED AND ADOPTED this 21st 20th day of March, 1991 1995 AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director 5 Ftla�.1G; OF,k r l RESOLUTION NO. 94 - 10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN AMENDING AND ADOPTING THE DUBLIN PLANNING COMMISSION RULES OF PROCEDURE WHEREAS, the Planning Commission seeks to govern meetings and conduct hearings in a fair and effective manner and in compliance with the Ralph M. Brown Act, Government Code 54950 et. seq.; and WHEREAS, on March 21, 1994, the Planning Commission did review amendments to the Dublin Planning Commission Rules of Procedure. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission finds that the following Rules of Procedure are necessary to govern meetings and conduct hearings in a fair and effective manner and in compliance with the Ralph M. Brown Act. BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby adopt the following Rules of Procedure: REVISED 3/21/94 DUBLIN PLANNING COMMISSION RULES OF PROCEDURE I. GENERAL PROVISIONS A. These rules of procedure shall be known as the "Dublin Planning Commission Rules of Procedure." A copy of these rules, and amendments thereto, shall be filed in the offices of the Planning Department and the City Clerk for examination by the public. B. These rules, and any amendments hereto, shall be effective on the date of the adoption hereof and shall govern the meetings and conduct of hearings by the Commission. II. OFFICERS A. Election and Term of Office The Chairperson, Vice Chairperson and Secretary are elected by the majority of the Commission for a one-year term and hold office until their successors are elected or until their terms as members of the Commission expire. The officers are elected at the first meeting of the Commission in December of each year. Elections; whether regular or to fill vacancies, shall be held only if at least four Commission members are present. ATTACHMENT Z - 1 PC Rules of Procedure OF• N nnlmdi B. Vacancies In case of any vacancy in the office of Chairperson, Vice Chairperson or Secretary, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. Persons so elected shall serve • the balance of the term. C. Duties of Officers The Chairperson performs the following duties: 1. Presides at all meetings of the Commission. 2. Appoints committees and chairpersons of committees. 3. Signs correspondence on behalf of the Commission. 4. Represents the Commission before the City Council. 5. Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his/her inability to act, the Vice Chairperson presides in place of the Chairperson. In the event of the absence of or inability to act of both the Chairperson and the Vice Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. D. Committees The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but fewer than a quorum, to serve as a committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commission may appoint non-members to the committee. Committees make recommendations directly to the Commission. A committee may not represent the Commission before the Council or other bodies unless it has first received the authorization of the Commission to do so. III. MEETINGS A. Regular meetings shall be held on the first and third Mondays of each month at 7:30 p.m. in the Council Chambers at the Dublin Civic Center, 100 Civic Plaza, Dublin, California. B. If the regular meeting place is unable to accommodate the meeting, the Commission may recess the meeting to another place. If the Commission anticipates that the regular meeting place will be inadequate, the Commission, or Chairperson in the event of an emergency, may order that the meeting be held in another place. - 2 - EAgEl 0FL PC Rules of Procedure Reso#94-10(321/94) /'1 C. Items for public hearing will normally be considered at the beginning of each meeting. D. Special meetings may be called by the Chairperson or a majority of the members of the Commission. • E. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. F. No new public hearing item will begin after 10:30 p.m., and the meetings will be adjourned by 11:00 p.m., except under unusual circumstances where the Commission votes to hear the item or to extend the meeting for 30-minute increments. IV. VOTING A. No official action shall be transacted by less than the affirmative vote of a majority of the quorum present, and at least three affirmative votes shall be required to recommend matters to the City Council for adoption. B. A motion may refer to items by agenda number. A motion may not be withdrawn by the mover without the consent of the member seconding it. Motions on items or matters not involving a hearing may be adopted by voice vote unless any members request a roll call vote. C. Tie votes result in defeat of a motion, and unless a subsequent motion is passed regarding an item, results in its denial. Abstentions shall not be counted as either for or against a motion under any circumstances. V. AGENDA The agenda of each regular or special meeting shall, at a minimum, include: a. The date, time, and location of the meeting. b. A brief general description of each item of business to be transacted or discussed at the meeting. c. A specified period of time for members of the public to address the Commission on items of interest to the public that are within the jurisdiction of the Commission, including a provision that no person may speak longer than five (5) minutes, and including language that the Commission can only briefly respond with questions, refer to Staff, or place the item on a future agenda. • PC Rules of Procedure - 3 .FACE__-_OF Reso#94-10(321/94) The agenda of each meeting will normally include the following items: 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Additions or Revisions to the Agenda 5. Minutes 6. Oral Communications 7. Written Communications 8. Public Hearings 9. New or Unfinished Business 10. Other Business (Commission/Staff Informational Only Reports) 11. Adjournment At least 72 hours before each regular meeting, and at least 24 hours before each special meeting, the Secretary shall post a copy of the agenda at the kiosk in front of the Dublin Civic Center, 100 Civic Plaza, Dublin, California. The Secretary shall execute a Declaration of Posting which shall be filed in the Dublin Planning Department. VI. HEARING PROCEDURES A. The Chairperson shall announce the public hearing item. Commission members shall state any known conflicts of interest and shall not participate in the hearing. B. The Chairperson shall determine if the Applicant or representative is in attendance at the public hearing. If the Applicant or representative fails to attend the public hearing, the Planning Commission may take action to deny, continue, or approve the item. The item may be continued if the Planning Commission receives written notification of the Applicant's inability to attend the meeting. C. The order of presentation shall be as follows: 1) Summary Presentation by Planning Staff 2) Questions by Planning Commission 3) Comments by Applicant 4) Comments by Other Proponents 5) Comments by Opponents 6) Rebuttal by Applicant if necessary.. 7) Additional Comments by Staff as appropriate D. The Chairperson or Commission shall close the public hearing and the item is turned over to the Commission for discussion and action. The audience is not permitted to make any further comments unless invited by the Commission. E. The Planning Staff shall retain copies of all documents or exhibits presented. PC Rules of Procedure - 4 PAGE I� I OF k P n<n 30d.10 11 1/pal --- F. All those wishing to give testimony shall identify themselves by name and address. The Chairperson may require the use of speaker slips. G. The Chairperson may limit the time for the presentation of testimony by each person and shall announce said limitation • prior to any presentations. Persons may speak more than once only after obtaining permission from the Chairperson. Notwithstanding the above, the Chairperson may terminate the speaking period of any person when the time taken by the person becomes excessive or when the testimony becomes repetitious or irrelevant. H. A member of the Commission, Staff or public may ask the speaker questions only with the consent of the Chairperson. All responses and answers shall be made to the Commission through the Chairperson. I. A member of the Commission may not consider a fact not presented as part of the record unless he discloses said fact prior to the closing of the public hearing. J. No evidence shall be taken after the closing of the public hearing. The public hearing may be reopened for the taking of further evidence at the discretion of the Chairperson. K. Applause and other demonstrations are prohibited during public hearings. Such demonstrations tend to intimidate those in the audience who may have valid but opposing viewpoints. VII. DELIBERATIONS AND DECISIONS A. The Commission shall not deliberate nor make a decision on the application until the close of the public hearing. B. Deliberations and decisions shall be based on the staff report, documents and exhibits, evidence presented at hearings and stated open and notorious facts. VIII. ITEMS NOT ON THE AGENDA A. No action shall be taken on any item not appearing on the posted agenda for a regular or special meeting, unless: 1) the Planning Commission determines by majority vote that an emergency situation exists, as defined in Government Code Section 54956.5; 2) the Planning Commission determines by a two-thirds vote, or by a unanimous vote if only three members are present, that the need to take action arose after the agenda was posted; or - 5 - Ff'•. c op PC Rules of Procedure Reso#94-10(3/21/94) .1 n 3) the item was included in a posted agenda for a prior meeting held within five (5) calendar days and was continued to the meeting at which the action is taken. B. When an item not on the agenda is raised by a member of the public, the Commission may briefly respond, may ask questions for clarification, may refer the item to Staff, or may request Staff to report back at a subsequent meeting, unless the Planning Commission determines to take action under Section VIII (A-2) . PASSED, APPROVED AND ADOPTED this 21st day of March, 1994 AYES: Commissioners Downey, North, Rafanelli and Zika NOES: None ABSENT: Commissioner Burnham - 9,2,-,*(9/(60-4a Plannin4 Commission Chairperson ATTEST: V Planning Direct • - PC Rules of Procedure , - 6 WC L4„ r 9xn tl94_1fl/3,21/941