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.
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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
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CROSSWINDS CHURCH
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DUBLIN. CA
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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 )((
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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