HomeMy WebLinkAboutPC Reso 15-07 Al Mustafa Place of Worship CUP RESOLUTION NO. 15-07
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A PLACE OF
WORSHIP (AL MUSTAFA FOUNDATION) AT 6543 REGIONAL STREET, SUITE A
(APN 941-1500-025-00)
PLPA-2015-00022
WHEREAS, Mehra Hassan of Al Mustafa Foundation (Applicant), and Robert & Joan
Libby (Property Owner), have requested approval of a Conditional Use Permit for the operation
of a Place of Worship at 6543 Regional Street, Suite A (the "Project"); and
WHEREAS, the Project is located in the Transit Oriented District of the Downtown Dublin
Zoning District, in which cultural uses are permitted subject to the approval of a Conditional Use
Permit by the Planning Commission; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts; and
WHEREAS, the Project is exempt from the California Environmental Quality Act (CEQA)
in accordance with Section 15301 (Existing Facilities) The Project involves no expansion of the
existing commercial building, but includes only a Conditional Use Permit for the operation of a
Place of Worship within the existing building; and
WHEREAS, a Staff Report was submitted to the Planning Commission on September 22,
2015 recommending approval of said application; and
WHEREAS, the Planning Commission did hold a public hearing on said application; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Dublin does hereby make the following findings and determinations regarding the Conditional
Use Permit for the establishment and operation of a Place of Worship
A. The proposed use and related structures are compatible with other land uses,
transportation and service facilities in the vicinity in that: 1) The Downtown Dublin
Specific Plan classifies a Place of Worship as a cultural use. Cultural uses are permitted
within the Transit Oriented District of the Downtown Dublin Zoning District, subject to
approval of a Conditional Use Permit by the Planning Commission; 2) the location of the
Place of Worship is within an existing commercial building on a fully improved site; and 3)
the Project site fronts Regional Street which provides vehicular and pedestrian access to
the site
B. It 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 in that: 1) all activities associated
with the Place of Worship will take place indoors, 2) the proposed Place of Worship meets
the parking requirements set forth in Chapter 8.76 080.D of the Zoning Ordinance; and 3)
the project has been conditioned so that all activities will be controlled so as to not create
a nuisance to the surrounding businesses and/or residents
C It will not be injurious to property or improvements in the neighborhood in that. 1) the
Project is located on a parcel developed for commercial uses; and 2) Conditions of
Approval have been placed on the Project to ensure that all activities are conducted
indoors
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 in that: 1) pedestrian access is provided to the
site from existing sidewalks on Regional Street; 2) vehicular access is provided to the site
from an existing driveway from Regional Street; and 3) the Project is within an existing
commercial building that will be served by existing public utilities, services and
infrastructure
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed in that 1) the Project site is developed for commercial
uses and served by existing utilities; 2) pedestrian access is provided to the site from
sidewalks on Regional Street; 3) vehicular access to the project site is provided from
existing driveways along Regional Street; and 4) Places of Worship are a permitted use
in the Downtown Dublin Zoning District subject to the approval of a Conditional Use
Permit by the Planning Commission.
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 in that: 1)
the Project is located within the Downtown Dublin Zoning District in which Places of
Worship are permitted subject to approval of a Conditional Use Permit by the Planning
Commission, 2) all activities associated with the Place of Worship will take place indoors;
3) the Place of Worship meets the parking requirements set forth in Chapter 8.76.080.D
of the Zoning Ordinance; and 4) the Place of Worship will occupy a portion of an existing
commercial building on a fully developed site
G It is consistent with the Dublin General Plan and with any applicable Specific Plans in
that: 1) the General Plan Land Use designation is Downtown Dublin — Transit Oriented
District which allows a range of commercial uses consistent with the Downtown Dublin
Specific Plan; and 2) a Place of Worship is classified as a cultural use, which is a
permitted use in the Downtown Dublin Specific Plan area subject to approval of a
Conditional Use Permit by the Planning Commission.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a
Conditional Use Permit for the establishment and operation of a Place of Worship (Al Mustafa
Foundation) at 6543 Regional Street, Suite A, subject to the following conditions:
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CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the
establishment of use, and shall be subject to Planning Division 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, [PCS] Parks and Community Services; [F] Dublin
Fire Prevention; [DSR] Dublin San Ramon Services District [LDD] Livermore Dublin Disposal;
[CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood
Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit
Authority; and [CHS] California Department of Health Services
When
NO. CONDITIONS OF APPROVAL Agency Required, Source
Prior to:
GENERAL
1. Approvals. This Conditional Use Permit approval PL On-going Planning
for Al Mustafa Foundation (PLPA-2015-00022) is for
the operation of a Community Facility (Place of
Worship) at 6543 Regional Street, Suite A. This
approval shall generally conform to the project plans
dated received by Dublin Planning on August 21,
2015, the Written Statement dated received by
Dublin Planning on May 21, 2015, and other plans,
text, and diagrams relating to this approval, stamped
approved and on file in the Community Development
Department, unless modified by the Conditions of
Approval contained herein
2. Effective Date. This Conditional Use Permit PL 10 days from DMC
approval becomes effective 10 days following action approval date 8 96 020 H
by the Planning Commission (10 days after the date and
of this Resolution) unless appealed before that time 8.136
in accordance with the Zoning Ordinance
3. Permit Expiration. This Conditional Use Permit PL 1 year from DMC
approval shall be null and void in the event approval or 1 8.96.020.D
construction or the approved use fails to be continuous
established within one year of Permit approval, or if year of non-
the use ceases to operate for a continuous one-year operation '
period
4. Time Extension. The original approving decision- PL 1 year from DMC
maker may, upon the Applicant's written request for approval 8 96 020.E
an extension of approval prior to expiration, and
upon the determination 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 by the particular Permit
5. Modifications. The Community Development PL On-going DMC
Director may consider modifications or changes to 8 100
this Permit approval if the modifications or changes
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proposed comply with applicable sections of the
Zoning Ordinance
6. Revocation of Permit. The Permit approval shall PL On-going DMC
be revocable for cause in accordance with Section 8 96 020 I
8 96.020.1 of the Dublin Zoning Ordinance Any
violation of the terms or conditions of this permit
shall be subject to citation.
7. Requirements and Standard Conditions. The Various Issuance of Various
Applicant/Developer shall comply with applicable building
City of Dublin Fire Prevention Bureau, Dublin Public permits or
Works Department, Dublin Building Department, installation of
Dublin Police Services, Alameda County Flood improve-
Control District Zone 7, Livermore Amador Valley ments
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.
8. Fees. Applicant/Developer shall pay all applicable Various Issuance of Various
fees in effect, including, but not limited to, Planning building
fees, Building fees, Traffic Impact Fees, TVTC fees, permits
Dublin San Ramon Services District fees, Public
Facilities fees. Dublin Unified School District School
Impact fees (per agreement between Developer and
School District), Fire Facilities Impact fees, Noise
Mitigation fees, Inclusionary Housing In-Lieu 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.
9. Indemnification. The Developer shall defend, ADM On-going Admin/City
indemnify, and hold harmless the City of Dublin and Attorney
its agents, officers, and employees from any claim,
action, or proceeding against the City of 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 proceeding and the City's full
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cooperation in the defense of such actions or
proceedings
10. Clarifications to the Conditions of Approval. In PL On-going Planning
the event that there needs to be clarification to the
Conditions of Approval, the Community
Development Director has the authority to clarify the
intent of these Conditions of Approval to the
Applicant without going to a public hearing The
Community Development Director also has the
authority to make minor modifications to these
Conditions of Approval without going to a public
hearing in order for the Applicant to fulfill needed
improvements or mitigations resulting from impacts
to this project
11. Controlling Activities. PL Through Planning
The Applicant/Developer shall control all activities on construction
the project site so as not to create a nuisance to and on-going
existing/surrounding businesses and/or residences
12. Clean-up. The Applicant/Developer shall be PL Through Planning
responsible for clean-up and disposal of project construction
related trash to maintain a safe, clean, and litter-free
site
13. Property Maintenance. PL On-going DMC
The Applicant/Developer and property owner shall 5 64 050
be responsible for maintaining the site in a clean and
litter free condition during construction and through
completion Per the City of Dublin Non-Residential
Property Maintenance Ordinance, DMC Section
5 64.050, the Applicant/ Property Owner shall
maintain the building, site and all signage in good
condition and shall keep the site clear of trash,
debris and graffiti vandalism on a regular and
continuous basis
PLANNING DIVISION -GENERAL
14. Outdoor Events. Any outside events shall be PL On-going DMC
subject to the Temporary Use Permit requirements 8 108
contained in the City of Dublin Municipal Code,
specifically Section 8 108 020
15. Temporary Promotional Signs. Temporary PL On-going DMC
Promotional Signs, including but not limited to, 8 84
banner signs and balloons, are subject to
compliance with Chapter 8 84 of the Dublin Zoning
Ordinance and require a Zoning Clearance from the
Planning Division prior to installation
16. Permanent Signage. All permanent signage shall PL On-going DMC
conform to Chapter 8 84 of the Dublin Zoning 8.84
Ordinance at all times
17. Window Signs. Window signs shall be limited to PL On-going DMC
25% of the window area 8 84
18. Business License. The Applicant shall apply for a PL Occupancy Planning
City of Dublin Business License prior to occupancy
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CONDITIONAL USE PERMIT
19. Annual Review. On an annual basis, this PL On-going Planning
Conditional Use Permit approval may be subject to a
review by the Community Development Director to
determine compliance with the Conditions of
Approval
20. Hours of Operation. The days and hours of PL On-going Planning
operation may deviate from the written statement
provided that the overall parking demand for the use
does not increase
21. All Activities To Be Conducted Indoors. All PL On-going Planning
activities associated with the operation of the
Community Facility shall be conducted indoors at all
times
22. Noise/Nuisance. The Applicant shall control all PL On-going DMC 5.28/
activities so as not to annoy, disturb, injure or Planning
endanger the health, repose, peace or safety of any
reasonable person of normal sensitivity present in
the area, nor create a public or private nuisance to
the existing and surrounding businesses and/or
residents No amplified sounds, loudspeakers or
music shall be permitted outside the building, or be
audible from other tenant suites within the subject
building or surrounding buildings
PLANNING DIVISION -CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
23. Non-Residential Security Requirements. The PL On-going Planning
property owner and/or their designee shall comply
with the City of Dublin Non-Residential Security
Requirements
BUILDING—GENERAL
24. Occupancy Load — An occupancy load sign shall B On-going Building
be placed at both entry / exits doors The sign shall
list 49 occupants maximum The sign shall be
designed to CBC section 1004 3 standards
25. 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
26. Building Permits. To apply for building permits, B Issuance of Building
Applicant/Developer shall submit five (5) sets of Building
construction plans to the Building & Safety Division Permits
for plan check Each set of plans shall have
attached an annotated copy of these Conditions of
Approval The notations shall clearly indicate how
all Conditions of Approval will or have been
complied with Construction plans will not be
accepted without the annotated resolutions attached
to each set of plans Applicant/Developer will be
responsible for obtaining the approvals of all
participation non-City agencies prior to the issuance
of building permits
27. Construction Drawings. Construction plans shall B Issuance of Building
be fully dimensioned (including building elevations) building
accurately drawn (depicting all existing and I permits
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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
28. Addressing B Building
a) Address signage shall be provided as per the Prior to
Dublin Commercial Security Code. occupancy
b) Address will be required on all doors leading
to the exterior of the building. Addresses
shall be illuminated and be able to be seen
from the street, 4 inches in height minimum.
29. Change of Occupancy Permit will be required if B Throughout Building
the occupancy of the tenant space exceeds 49 life of tenant
persons at any time. CUP
As per section 3408 of the California Building Code
(CBC), a change of occupancy -from a business (B)
to an assembly (A-3) - requires the building to meet
the regulations of a new building for the proposed
occupancy type. This includes new and/or upgrades
to the following a) full accessible upgrades to the
interior as outlined in the CBC Chapter 11B, and b)
possible upgrades to the structural system
30. Accessible Parking. The required number of B Through Building
parking stalls, the design and location of the Completion
accessible parking stalls shall be as required by the
CA Building Code
FIRE -GENERAL
31. Existing Fire Sprinkler System - Modifications. F Building Fire
Sprinkler system shall be modified as necessary to Permits
provide protection for all tenant improvements
a) Sprinkler Plans (Deferred Submittal Item).
Submit detailed mechanical drawings of all
sprinkler modifications, including cut sheets,
listing sheets and calculations to the Fire
Department for approval and permit prior to
installation. All sprinkler system components
shall remain in compliance with the
applicable N F PA 13 Standard, the CA Fire
Code and the CA Building Code
b) Five Year Certification. If the existing fire
sprinkler system does not have a current 5-
year Certification, such will need to be
obtained and all deficiencies corrected prior
to project final If the fire sprinkler system has
a current 5-year Certification, copies of the
last 4 quarterly reports will need to be
provided to the Fire Inspector prior to final for
review
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32. Monitoring Requirements for Existing Fire I Building Fire
Sprinkler Systems. Permits
a) Central Station Monitored Account.
Automatic fire extinguishing systems within
buildings shall have all control valves and
flow devices electrically supervised and
maintained by an approved central alarm
station Zoning and annunciation of central
station alarm signals shall be submitted to
the Fire Department for approval
b) Monitoring System Plans (Deferred
Submittal Item). If it is necessary to install a
fire alarm monitoring system or modify an
existing system in order to obtain a
Certificated or Placarded account, plans and
specifications shall be submitted to the fire
department for review and approval of the
installation modifications.
33. Fire Extinguishers. Extinguishers shall be visible F Occupancy Fire
and unobstructed. Signage shall be provided to
indicate fire extinguisher locations. The number and
location of extinguishers shall be shown on the
plans Additional fire extinguishers may be required
by the fire inspector
Fire extinguisher shall meet a minimum classification
of 2A 10BC Extinguishers weighing 40 pounds or
less shall be mounted no higher than 5 feet above
the floor measured to top of the extinguisher.
Extinguishers shall be inspected monthly and
serviced by a licensed contractor annually
34. PD Building Key Box. A Fire Department Key Box F Occupancy Fire
shall be installed at the main entrance to the
Building Note these locations on the plans The key
box should be installed approximately 5 % feet
above grade. The box shall be sized to hold the
master key to the facility as well as keys for rooms
not accessible by the master key Specialty keys,
such as the fire alarm control box key and elevator
control key shall also be installed in the box
The key box door and necessary keys are to be
provided to the fire inspector upon the final
inspection The inspector will then lock the keys into
the box. Key boxes and switches may be ordered
directly from the Knox Company at
_www knoxbox corn.
35. Means of Egress. Exit signs shall be visible and 1 On-going Fire
illuminated with emergency lighting when the
building is occupied
36. Maximum Occupant Load. Posting of room F On-going Fire
capacity is required for any occupant load
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37. Addressing F Occupancy Fire
a) Addressing shall be illuminated or in an
illuminated area The address characters
shall be contrasting to their background If
the address is placed on glass, the numbers
shall be on the exterior of the glass and a
contrasting background placed behind the
numbers.
b) The building shall be provided with all
addresses or the assigned address range so
as to be clearly visible from either direction of
travel on the street the address references
The address characters shall not be less
than 5 inches in height by 1-inch stroke.
Larger sizes may be necessary depending
on the setbacks and visibility.
c) Where a building has multiple tenants,
addresses shall also be provided near the
main entrance door of each tenant space
The address shall not be less than 5-inches
in height with a 1/2 inch stroke
d) The address shall also be provided on any
rear doors to the tenant space with a
minimum of 5-inch high characters
38. Interior Finish. Wall and ceiling interior finish F On-going Fire
materials shall meet the requirements of Chapter 8
of the California Fire Code. Interior finishes will be
field verified upon final inspection If the product is
not field marked and the marking visible for
inspection, maintain the products cut-sheets and
packaging that show proof of the products
flammability and flame-spread ratings Decorative
materials shall be fire retardant
39. Main Entrance Hardware. It is recommended that F On-going Fire
all doors be provided with exit hardware that allows
exiting from the egress side even when the door is in
the locked condition However, an exception for A-3,
B, F, M, S occupancies and all churches does allow
key-locking hardware (no thumb turns) on the main
exit when the main exit consists of a single door or a
pair of doors When unlocked the single door or both
leaves of a pair of doors must be free to swing
without operation of any latching device A readily
visible, durable sign on or just above the door stating
This door to remain unlocked whenever the building
is occupied" shall be provided The sign shall be in
letters not less than 1 inch high on a contrasting
background. The use of this exception may be
revoked for cause.
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40. General Inspection. Upon inspection of the work for F Final Fire
which this submittal was provided, a general
inspection of the business and site will be
conducted.
PUBLIC WORKS
41. Standard Public Works Conditions of Approval. PW Approval of Public
ApplicanUDeveloper shall comply with all applicable Improvement Works
City of Dublin Public Works Standard Conditions of ' Plans
Approval In the event of a conflict between the
Public Works Standard Conditions of Approval and
these Conditions, these Conditions shall prevail _
42. Sitework Permit. The Applicant/Developer shall PW Issuance of Public
apply for and obtain a Grading/Sitework Permit from Grading/ Works
the Public Works Department for all site Sitework
improvement or grading work Permit
The Grading/Sitework Permit will be based on the
final set of civil plans and will not be issued until all
of plan check comments have been resolved
A copy of Grading/Sitework Permit application may
be found on the City's website at
https //ca dublin amcplus.com/index aspx2NID=340
The current cost of the permit is $106 00 and is due
at the time of permit issuance. The Applicant will
also be responsible for any adopted increases to the
fee amount or additional fees for inspection of the
work
43. PW Issuance of Public
ADA Accessibility Requirements. The project site Grading/ Works
shall meet ADA accessibility requirements Sitework
Permit
44. Lighting. A minimum of one foot-candle of light PW Occupancy Public
shall be provided and maintained across the Works
surface of the parking lot Any illumination, including
security lighting, shall be directed away from
adjoining properties, businesses or vehicular traffic
so as not to cause any glare
45. Graffiti. The Applicant/Developer and/or building PW Occupancy Public
tenant(s) shall keep the site clear of graffiti Works
vandalism on a regular and continuous basis. Graffiti
resistant paint for the structures and film for windows
or glass shall be used whenever possible
46. Vehicle Parking. The Applicant/Developer shall PW Occupancy Public
repair all disturbed areas of pavement impacted by Works
the project Striping for parking spaces that is in
poor condition, or damaged by construction shall be
re-striped.
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PASSED, APPROVED AND ADOPTED this 22nd day of September 2015 by the following vote:
AYES: Goel, Kohli, Do, Mittan and Bhuthimethee
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:?
Assistant Corm Z
nity Development Director
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