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HomeMy WebLinkAboutPC Reso 09-05 Appv Valley Christian Ctr Modulr Bldg SDR/CUP PA09-004RESOLUTION NO. 09-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW/CONDITIONAL USE PERMIT TO RELOCATE THE EXISTING ADMINISTRATION MODULAR BUILDING AND ALLOW THE EXISTING MODULAR CLASSROOM AND ADMINISTRATION BUILDINGS TO REMAIN ON THE SITE FOR AN ADDITIONAL TEN YEARS AT THE VALLEY CHRISTIAN CENTER LOCATED AT 7500 INSPIRATION DRIVE PA 09-004 WHEREAS, the Applicant, Valley Christian Center, has requested approval of a Site Development Review/Conditional Use Permit to relocate the existing administration modular building and allow the existing modular classroom and administration buildings to remain on the site for an additional ten years; and WHEREAS, the Planned Development (PA00-017) for Valley Christian allows the Planning Commission to review a Site Development Review/Conditional Use Permit request for the continuation of the modular buildings past the initial five year period; and WHEREAS, the administration modular building will need to be relocated in order to accommodate the future sanctuary building planned for in the Valley Christian Master Plan (PA 00-017); and WHEREAS, the Applicant has submitted a complete application for Site Development Review/Conditional Use Permit for the relocation and time extension; and WHEREAS, the Applicant has submitted project plans for the requested entitlement prepared by Hilbers Inc. received by the Planning Division on January 16, 2009; and WHEREAS, the California Environmental Quality Act (CLQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the City Council certified an Environment Impact Report (Resolution No. 92-03) for the Valley Christian Center Master Plan on May 20, 2003 (SCH 2002012070); and WHEREAS, pursuant to the CEQA, the proposed project is categorically exempt from further CEQA review pursuant to Section 15314, Class 14, which exempts schools from CEQA review for additions to a school which will not increase the student population by more than 25%. The proposed time extension and relocation of the modular buildings will be utilized by the existing student body and the existing administration and therefore will not result in an increase In the total number of students on the site; and WHEREAS, a Staff Report was submitted to the Planning; Commission on February 24, 2009 recommending approval of said application; and WHEREAS, the Planning Commission did hold a public hec'Lring on said application; and WHEREAS, proper notice of said hearing was given in all respects as required by law. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding the proposed Site Development Review: A. The proposed project, as conditioned, is consistent with the purpose of Chapter 8.104, Site Development Review of the Zoning Ordinance, with the General Plan and with any applicable Specific Plans and design guidelines because: 1) the proposed project is consistent with the use of the property which is used for a church and school; 2) the facilities are temporary in nature and will be required to be removed in 10 years, unless an extension is granted by the Planning Commission; and 3) the modular buildings are located on the site so that views of the structure are limited. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the temporary facilities will be used to support the school and church; 2) the facilities are temporary and, as conditioned, the permit will expire in ten years unless an extension is approved by the Planning Commission; and 3) the use of the facilities is consistent with typical uses for schools and churches. C. The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed because: 1) the modular buildings are currently located on the site; 2) the modular buildings are allowed by the Planned Development for the site (PA 00-017) with approval of a Site Development Review/Conditional Us.- Permit; 3) the modular buildings are not visible from the street; and 3) the modular buildings are used to support the existing school and church. D. The subject site is physically suitable for the type and intensity of the approved development because: the modular buildings are located on an already improved site to meet the needs of the existing facility until such time that the permanent buildings can be constructed. E. Impacts to existing slopes and topographic features are addressed because: the site has been graded to accommodate the existing modular buildings. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity because: 1) modular buildings are temporary in nature; 2) the modular buildings are currently located on the site; and 3) the modular buildings are not visible from the street. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated ini'o the project to ensure visual relief, 2 adequate screening and an attractive environment for the public because: no changes are proposed to the landscaping on the site. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles because: 1) access is provided to the existing facilities; and 2) once relocated, the administration building will be located on the existing surplus parking lot. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding the proposed Conditional Use Permit: A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity because: the modular buildings are used to support the Valley Christian Center and approval of the Conditional Use Permit will allow these buildings to continue to exist on the site. B. It will not adversely affect the health or safety ofpersons residing or working in the vicinity, or be detrimental to the public health, safety and welfare because: the modular classrooms are not visible from the street and the relocated administration building will be required to comply with all current regulations. C. It will not be injurious to property or improvements in the neighborhood because: the modular buildings currently exist on the site and approval of the Conditional Use Permit will allow the buildings to remain on the site for an additional ten years. D. There are adequate provisions for public access, water, sanhation 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 buildings are existing buildings and no expansion of the use is proposed by this Conditional Use Permit. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because: the modular buildings ar,- located on the site to meet the needs of the existing facility until such time that the permanent buildings can be constructed. F. It will not be contrary to the specific intent clauses, development regulations or performance standards established for the zoning district in which it is located because, 1) the temporary facilities will be used to support the school and church; 2) the facilities are temporary and, as conditioned, the permit will expire in ten years unless an extension is approved by the Planning Commission; and 3) the use of the facilities is consistent with typical uses for schools and churches. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans because: the modular buildings are used to support the Valley Christian Center. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application, Site Development Review/Conditional Use Permit. to relocate the existing modular administration building and allow the two existing modular classrooms and modular administration building to remain on the site for an additional ten years at the `/alley Christian Center located 7500 3 Inspiration Drive, as generally depicted in the written statement and project plans prepared by Hilbers Inc. received by the Planning Division on January 16, 2009, labeled Exhibit A to this Resoultion stamped approved, and on file with the Community Development Department, subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departmentshajencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 71, Alameda County Flood Control and Water Conservation District, Zone 7, [LAVTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. L Approval. This Site Development PL Ongoing Standard Review/Conditional Use Permit approval for PA 09- 004 is to allow for an extension of the modular buildings and to relocate one modular building. Development pursuant to this Conditional Use Permit generally shall conform to the project plans submitted by Hilbers Inc. received February 4, 2009 on file in the Community Development Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. 2. Approval Period. This Site Development PL On-going Planning Review/Conditional Use Permit approval shall be null and void in the event the approved use fails to be established within one year, or ceases to operate for a continuous one-year period. 3. Expiration. This Site Development PL February 24, Planning Review/Conditional Use Permit shall be valid for a 2019 period of ten years or until such time that the permanent building is constructed, whichever comes first. Prior to expiration of the Conditional Use Permit, the Applicants may apply for an extension to be reviewed b the Planning Commission. 4. Annual Review. On an annual basis, this Conditional PL, PO On-going Planning Use Permit approval may be subject to a review by the Planning Manager to determine compliance with the Conditions of Approval. 4 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 5. Revocation. This permit shall be revocable for cause PL On-going DMC in accordance with Dublin Zoning Ordinance Section 8.96.020.1 8.96.020.1, Revocation. Any violation of the terms and conditions of this permit may be subject to the issuance of a citation. 6. Minor Amendments. Modifications or changes to PL On-Going DMC this Site Development Review/Conditional Use Permit 8.100.080 approval may be considered and approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, of the Zonin Ordinance. 7. Nuisance. The Applicant shall control all business PL On-going DMC activity so as not to create a public or private nuisance 5.28.020 to the existing and surrounding businesses and residents. 8. Clean-up. The Applicant/Developer shall be PL On-going Planning responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 9. Controlling Activities. The Applicant/Developer PL On-going Planning shall control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 10. Clarifications and Changes to the Conditions. In PW Approval of Public the event that there needs to be clarification to these Improvement Works Conditions of Approval, the Directors of Community Plans Development and Public Works have the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors 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 of this project. 11. Requirements and Standard Conditions. The Various Issuance of Standard Applicant/ Developer shall comply with applicable Building City of Dublin Fire Prevention Bureau, Dublin Public Permits 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 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 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 B, PW Issuance of Standard required by other agencies including, but not limited Building to Alameda County Flood Control and Water Permits 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 De artment. 13. Fees. Applicant/Developer shall pay all applicable Various Issuance of Standard fees in effect at the time of building permit issuance, Building including, but not limited to, Planning fees, Building Permits 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 applicable. 14. Hold Harmless/Indemnification. The Developer Various Completion of Standard shall defend, indemnify, and hold harmless the City of Improvements Dublin and its agents, officers, and employees from and Occupancy any claim, action, or proceeding against the City of of the Building Dublin or its agents, officers, 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 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 roceedin and the City's full cooperation in the NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. defense of such actions or proceedings. 15. Trash and Waste Accumulation. The Applicant or PL On-going Planning any future owner shall provide and conduct regular maintenance of the site at least once daily, in order to eliminate and control the accumulation of trash, excess waste materials and debris. 16. Trash Receptacles. The Applicant shall install two PL Occupancy Planning trash cans and two recycling bins near the practice field. The trash cans and recycling bins shall be re larl em tied b the school. 17. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and Completion ordinances in effect at the time of Building Permit. 18. Building Permits. To apply for Building Permits, the B Issuance of Building Applicant/Developer shall submit six (6) sets of Building construction plans to the Building Division for plan Permits check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. The Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies Prior to the issuance of Building Permits. 19. Construction Drawings. Construction plans shall be B Issuance of Building fully dimensioned (including building elevations), Building accurately drawn (depicting all existing and proposed Permits conditions on site). The site plan, landscape plan and details shall be consistent with each other. 20. Air Conditioning Units. Air conditioning units and B, PL Occupancy 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-moveable materials to be approved by the Building Official and Community Development Director 21. Addressing. Addresses will be required on all doors B Occupancy Building leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5 inches in height minimum. 22. Temporary Fencing, Tem orary construction fencing B Through Building NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. shall be installed along the perimeter of all work under Completion construction. 23. Exit Access. All entries and exits from the building B Issuance of CBC shall be provided with ramps as required by Chapters Building 10 and 11 B of the Building Code. Permit 24. Building Separation/Exterior Wall Openings. B Issuance of Building Building Permit plans shall include the following Building information, in addition to the normal items required Permits for this type of permit: • Existing building - full site plan, full floor plan, construction type, occupancy type of each space, elevation of the wall facing the relocated trailer and the percentage of openings in this wall. • Relocated trailer - full site plan, full floor plan, construction type, occupancy types of each space, elevation of the wall facing the existing building and the percentage of openings in this wall. . t?1?ert S+e? vica? 25. Security Ordinance. The project shall comply with P On-going Municipal Dublin Municipal Code Security Ordinance, Code particularly with respect to addressing, an illuminated diagrammatic map (which can be displayed between Buildin s and li htin . Pre??entian 26. Building and Fire Codes. The project shall be in F On-going Fire compliance with Building and Fire Codes as adopted b the City of Dublin. 27. Wildfire Management Plan. The Proposed location F Issuance of 2001 CFC of modular building is adjacent wildland interface and Building 902 shall meet construction requirements for wildfire Permits management. The Applicant shall submit a detailed wildfire management diagram showing the distance from homes/buildings, the slopes and the landscaping including the tree spacing and shall comply with the following. • Roof covering shall be Class A roof covering. • Eaves shall be protected on the exposed underside by materials approved for one-hour rated fire resistive construction. Fascias are required and must be protected on the backside by materials approved for one-hour rated fire resistive construction or 2-inch (51 mm) nominal dimensional lumber. • Gutters and downspouts shall be constructed of non-combustible material. PASSED, APPROVED AND ADOPTED this 24`h day of February 2009 by the following : AYES: Webrenberg, King, Swalwell and Brown NOES: ABSENT: Schaub ABSTAIN: ATTEST: f '0-0)L - Planning Commission Chair (--? Z , Planni g M ger G:\PA#\2009\PA 09-004 VC Modular CUP Extension\SDR Reso 2.24.09.130C