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HomeMy WebLinkAboutPC Reso 08-19 Mountain of Fire & Miracles Ministries CUPRESOLUTION NO. 08 -19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO LEGALIZE THE ESTABLISHMENT OF AN EXISTING PLACE OF WORSHIP WITHIN THE PLANNED DEVELOPMENT (PD) ZONING DISTRICT LOCATED AT 11501 DUBLIN BOULEVARD, SUITE 202 (APN 941-1570-004-02) PA 07-010 WHEREAS, Samuel Y. Adeyemi, the Applicant, has requested approval of a Conditional Use Permit to legalize the establishment of the existing Mountain of Fire and Miracles Ministries to be located within a 1,949 square foot suite in the Planned Development (PD) zoning district at 11501 Dublin Boulevard, Suite 202; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted project plans dated ro-ceived April 3, 2008; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and this project was found to be exempt under the CEQA Guidelines Section 15301; and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on August 26, 2008; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used their independent judgment to make a decision; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT the Dub: in Planning Commission does hereby make the following findings and determinations. A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity because it is located within an existing building and the existing on and off- site parking is adequate to serve the existing uses. B. The proposed use, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare and will not be injurious to property or improvements in the neighborhood because the proposed use will operate during non peak hours from surrounding uses and will be adequately conditioned to ensure that the operation is conducive with adjacent uses. C. The proposed use will not be injurious to property or improvements in the neighborhood because the proposed use will be operated completely within an existing and enclosed building. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare because the proposed use will be operated completely within an existing building that is serviced by all appropriate utilities and infrastructure. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because the existing roadway network leading to the site and the existing on-site parking is adequate to serve the use. F. The use will not be contrary to the specific intent clauses, development regulations, and performance standards established for the Planned Development (PD) zoning; district in which it is located because a church is allowed by Conditional Use Permit as defined in the Planned Development. G. The approval of this Conditional Use Permit is consistent with the Dublin General Plan and will provide a service to the community that is consistent with the intent of the Retail/Office General Plan Land Use designation because it will provide a place of worship for the community. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby approve PA 07-010 Mountain of Fire and Miracles Ministries Conditional Use Permit to establish a 1,949 square foot church located at 11501 Dublin Boulevard, Suite 202, APN 941-1570-004-02. The project approval shall be subject to compliance with the following conditions: NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. PLANNING CONDITIONS 1. Approval. This Conditional Use Permit approval for PA PL On-going Standard 07-010 is to allow Mountain of Fire and Miracles Ministries to establish a church at 11501 Dublin Boulevard, Suite 202. This approval shall generally conform to the project plans stamped approved, consisting of a site plan and floor plans (stamped received by the Planning Department on April 3, 2008). 2. Permit Expiration. Construction or use shall commence PL One year from DMC within one (1) year of Permit approval or the Permit shall permit approval 8.96.020. lapse and become null and void. Commencement of D construction or use means the actual construction or use pursuant to the Permit approval or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the 2 NO CONDITION TEXT RESP0N. WHEN SOURCE AGENCY/ REQUIRED DEPART. matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3 Time Extension. The original approving decision-maker PI1 One year from DMC may, upon the Applicant's written request for an extension permit approval 8.96.020. of approval prior to expiration, and upon the determination E that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required b the articular Permit. 4. Effective Date. This Conditional Use Permit approval shall PL, 10 days from the Planning become effective 10 days after the date of approval by the date of approval Planning Commission. 5. Fees. Applicant/Developer shall pay all applicable fees in Various At building permit Various effect at the time of building permit issuance, including, but issuance not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 6. Annual Review. On an annual basis, this Conditional Use PL, 130 On-going Planning Permit approval may be subject to a review by the Planning Manager to determine compliance with the Conditions of A roval. 7. Revocation of Permit. This permit shall be revocable for PL On-going DMC cause in accordance with Dublin Zoning Ordinance Section 8.96.020. 8.96.020.1, Revocation. Any violation of the terms and I conditions of this permit may be subject to the issuance of a citation. 8. Minor amendments. Modifications or changes to this PL On-going DMC Conditional Use Permit approval may be considered and 8.100.08 approved by the Community Development Director, if the 0 modifications or changes proposed comply with Section 8.100.080, of the Zoning Ordinance. 9. Clarification to the Conditions of Approval. In the event Various On-going Standard that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts to this project. 11. Requirements and Standard Conditions. The Applicant/ Various Building Permit Standard NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. Developer shall comply with applicable City of Dublin Fire Issuance Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 12. Required Permits. Developer shall obtain all permits Various Building Permit Standard required by other agencies including, but not limited to Issuance Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. 13. Compliance. Failure to comply with these conditions may PI, On-going Chapter result in enforcement by the Community Development 8.144 of Department in accordance with Chapter 8.144 of the Dublin the Zoning Ordinance. Dublin Zoning Ordinanc e 14. Indemnification. The Developer shall defend, indemnify, Various On-going Administ and hold harmless the City of Dublin and its agents, ration/Cit officers, and employees from any claim, action, or y proceeding against the City of Dublin or its agents, officers, Attorney or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City related to this project to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 15. Hours of Operation. Activities of the church shall be PI On-going Planning limited to the activities listed as a part of the Applicant's written statement. Wednesday Revival Service: 7: 00 p. in. to 9: 00 p. in. Sunday Worship Service: 9:00 a.m. to 12:00 p.m. First Saturday of the month the Pom,er Must Change Hands Service: 9:00 a.m. to 12 p.m. Third Friday of the month Friday Night Vigils: 10:00 p.m. to 5:00 a.m. An other events and activities ro osed b the Church NO CONDITION TEXT RE ON. WHEN SOURCE AGENCY/ REQUIRED DEPART. shall be reviewed and approved by the Community Development Director. 16. Outdoor Events. Any outside events shall be subject to the PI1 On-going Planning Temporary Use Permit requirements contained in the City of Dublin Zoning Ordinance. 17. Noise/Nuisance. The Applicant shall control all activities PI1 On-going Planning on the site so as not to create a nuisance to the surrounding businesses and residents. No loudspeakers or amplified music shall be permitted to project or be placed outside the building. 18. Signs. Any signage on site shall be subject to the sign PI1 On-going Planning requirements contained in the City of Dublin Zoning Ordinance. BUIL DING CONDITIONS 19. Building Codes and Ordinances. All project BI, Through Building construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. 20. Building Permits. To apply for building permits, BI, Issuance of Building Applicant/Developer shall submit eight (8) sets of Building Permits construction plans to the Building Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 21. Construction Drawings. Construction plans shall be fully BI, Prior to Issuance of Building dimensioned (including building elevations) accurately Building Permits drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 22. Addressing. Address will be required on all doors leading BI, Prior to Occupancy Building to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5 inches in height minimum. 23. Engineer Observation. The Engineer of record shall be BI, Prior to Frame Building retained to provide observation services for all components Inspection of the lateral and vertical design of the building, including nailing, holddowns, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector pLigr to scheduling the final frame inspection. 24. Air Conditioning Units. Air conditioning units and BI Occupancy of Unit Building ventilation ducts shall be screened from public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non- movable materials approved by the Building Official and Director of Community Develo meat. NO CONDITION TEXT RESP0N. WHEN SOURCE AGENCY/ REQUIRED DEPART. 25. Temporary Fencing. Temporary construction fencing BI, Through Building shall be installed along perimeter of all work under Completion construction. POLI CE CONDITIONS 26. Office Door Signage. Interior office doors shall be P On-going Police identified with signs on or adjacent to doors. 27. Exit Doors. All exit doors shall be identified from the P On-going Police outside, indicating the rooms or parts of buildings they access (e. g., stairwell, office). 28. Exterior Doors. Exterior doors must have a light source. P On-going Police 29. Restrooms. If remodeling the lower level bathrooms, P On-going Police applicant must ensure that the lights have motion-sensors. PUBLIC WORKS CONDITONS 30. Disabled Parking. Applicant shall provide disabled PV! Prior to Occupancy Public parking stall to meet current ADA/Title 24 standards. Works Please assure that the pavement slopes does not exceed 2% in any direction. Said stall shall be close to the main entrance. Minimum of 5 disabled parking stalls are necessary for this site as per the total number of parking shown on the plan. 31. Path of Travel. Provide a path of travel from the public PV[ Prior to Occupancy Public sidewalk to the main entrance. Works 32. Photometric Calculation. Provide a photometric PV/ Prior to Occupancy Public calculation for the existing parking lot and around the Works building that demonstrates a minimum foot-candle lighting level of not less than 1.0 at the ground surface for the adjacent parking area; if this cannot be verified provide additional lighting where necessary 33. Site Entrance Signage. Signs (R I OOB) must be posted at PV1 Prior to Occupancy Public each driveway entrance that read, "Unauthorized not Works displaying distinguishing placards or license plates issued for physically handicapped persons will be towed away at owner's expense. Towed vehicles may be reclaimed at Dublin Police or by telephoning 83306670". Show the locations for each sign on the site plan with references to applicable construction details and notes. DSRS D CONDITIONS 34. Prior to issuance of any building permit, complete DSRSD Prior to Issuance of DSRSD improvement plans shall be submitted to DSRSD that Building Permits conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 35. Prior to issuance by the City of any Building Permit or DSRSD Prior to Issuance of DSRSD Construction Permit by the Dublin San Ramon Services Building Permits District, whichever comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. PASSED, APPROVED AND ADOPTED this 26'x' day of August 2008. AYES: Schaub, Tomlinson, King, Biddle and Wehrenberg NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: (-?] 24 Planni ger G: IPAC2007107-010 Mountain of Fire ChurchWaterials for 082608 PC Meetinglpc reso 8-26-08.doc