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HomeMy WebLinkAboutPC Reso04-19 PA03-054 Crosswinds Church CUP RESOLUTION NO. 04 - 19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 03-054 THE CROSSWINDS CHURCH CONDITIONAL USE PERMIT REQUEST TO CONTINUE OPERATING AS CHURCH WITHIN A 40,000 SQUARE FOOT TENANT SPACE LOCATED AT 6444 SIERRA COURT WHEREAS, the Applicant, the CrossWinds Church, has filed an application requesting a Conditional Use Permit for five years to allow a church within an existing 40,000 square foot tenant space located at 6444 Sierra Court in a M-1 Light Industrial Zoning District as shown on the floor layout, site and parking plans, consisting of three sheets labeled Attachment 2, prepared originally by Ambiance Associates and modified by Michael Goldsworthy, Architect, dated received September 9, 2003, and updated First Floor Plans dated received February 24, 2004; and WHEREAS, the Applicant, the CrossWinds Church has applied for Conditional Use Permit for a period of five (5) years; and. WHEREAS the Planning Commission held a properly noticed public hearing on said application on March 9, 2004; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to Section 15301(a), Class 1; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used his 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 Dublin Planning Commission does find that: mo Bo The church is compatible with other land uses, transportation and service facilities in the area and has been a conditionally permitted land use for the past 11 years within the M-1 Zoning District. In accordance with the City's Zoning Ordinance, a church is considered a conditionally permitted land use within most zoning districts. The use 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 because the church has its functions and meetings during non-peak hours. The use, under all circumstances and conditions of this permit, will not be injurious to property or improvements in the neighborhood because the permit would allow an existing church to continue Uo operating at the same location held for the past 11 years. 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 existing activities of the church will continue to be operated within an existing building. All proposed outdoor activities will be held when nearby business are closed and be subject to a Temporary Use Permit (Chapter 8.108) of the Dublin Zoning Ordinance. 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 and off-site parking been adequate to serve the proposed use in the past. The approval of this Conditional Use Permit is consistent with the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 03-054, a five year Conditional Use Permit to allow the CrossWinds Church, to continue to operate within an existing 40,000 square foot tenant space located at 6444 Sierra Court as generally depicted on Exhibit A, stamped approved and on file. The project approval shall be subject to compliance with 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 departments/agencies responsible for monitoring compliance of the Conditions of Approval: [PL.] Planning, lB] Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. The Applicant shall comply with the conditions of approval dated and approved on March 9, 2004 by the Planning Commission. In the event of conflict between these conditions and the Conditions of Approval for the expired CUP (PA 92-038), these conditions shall prevail. [PL] Activities of the church shall be limited to the following activities listed on the Applicant's Written Statement (consisting of two pages, dated received by the Planning Department on December 18, 2003, labeled Attachment 2), with the exclusion of the outdoor activities that are subject to review and approval by the Community Development Director. For all outdoor activities and activities involving the use of outdoor areas, such as but not limited to, the Fall Festival and the Services in the Parks events, the Applicant must contact the Community Development Department and apply for a Temporary Use Permit in accordance with Section 8.108 of the Dublin Zoning Ordinance. [PL] Any other events and activities proposed by the church shall first be subject to review by the Community Development Director. [PL] In the event that the adjacent property at 6780 Sierra Court is sold during the timeframe of this Conditional Use Permit, the Church will be required to replace any off-site parking that is lost in kind, or reduce the occupancy accordingly. [PL] Any outside events shall be subject to the Temporary Use Permit requirements (Section 8.108) contained within the Dublin Zoning Ordinance. All outside activities must be planned well in advance to allow the Applicant time, at a minimum two weeks before the event, to notify adjacent 2 businesses of their outdoor event via a letter specifying the day, time and hours of the outdoor event. The name of a contact person, with a local telephone number, who will be responsible for the event, must be included in this notification letter. [PL] The Applicant shall construct an accessible walkway from the public sidewalk on Sierra Court to the building's primary entrance in order to comply with the current State Title 24/ADA requirements. Parking stalls designated for persons with disabilities shall also be constructed and identified per current Title 24/ADA requirements. Any ramps required between the disabled parking stalls and the building and between the public sidewalk and the building shall comply with current State Title 24/ADA requirements and City of Dublin Standards. [PW, BI Any signage on site shall be subject to the Sign Requirements contained within the Dublin Zoning Code. [PL] 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] The Applicant shall comply with all applicable Planning, Building, Alameda County Fire Authority, and Police Department regulations and ordinances. [PL, B, F, PO] 10. The applicant shall comply with the Uniform Building and Fire Codes as adopted by the City of Dublin. [B, F] 11. The Applicant shall comply with all applicable City of Dublin Non Residential Security Ordinance requirements. [PO] 12. Lighting used after daylight hours shall be adequate to provide for security needs (1.5 foot candles). Exterior lighting shall be provided around the entire perimeter of the building and in the parking areas. [PO] 13. The Applicant and/or Property Owner shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant paints for the structures and film for windows or glass should be used. [PO] 14. No cooking or other food preparation that would require the approval of Alameda County Environmental Health Services is hereby approved. In the event that food preparation is desired, the Applicant shall submit a written request, subject to review and approval by the Community Development Director. The Applicant will also be required to receive proper approval by Alameda County Environmental Health Services prior to commencing food preparation. [PL] 15. The Automatic fire sprinkler system shall be modified as required by any renovation, wall installation or change in floor or room configuration. A permit for the system shall be completed and all fees paid prior to installation, if applicable. [F] 16. Exiting from all areas of the building shall meet the minimum requirements of the California Building Code. The project shall meet the requirements of the Uniform Building and California Fire Codes. [B, F] 17. The occupant load for any room on the second floor used for other than office shall be 49 or less. [B, FI 18. All fire lanes shall be kept clear at all times. Combustible decorative materials are not allowed in the building unless they are fire retardant treated (See Title 19). 19. The applicant shall schedule a meeting with the Fire Department before any outdoor event is scheduled, including but not limited to those that have booths or tents (i.e., the Fall Festival) to 3 20. 21. 22. discuss the particulars and determine whether or not an inspection is required by the Fire Department to ensure that all outdoor events are in accordance with the applicable Fire Codes. [F] Candles shall be used in accordance with the UFC article 25. Prior to the annual Fire Department inspection in December, some additional exit signs and door hardware changes may be required on the second floor. Contact the Fire Prevention Bureau at (925) 833-6606 to ask what type of signage and door hardware is required to satisfy this requirement. [F] This permit shall be revocable for cause in accordance with Section 8.96.020 (I) of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this use permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 9th day of March, 2004. AYES: Cm. Fasulkey, Nassar, Jennings, King, and Machtmes NOES: ABSENT: ABSTAIN: ATTEST: Plannin~ 4