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HomeMy WebLinkAboutPC Reso04-26 PA04-002 Journey Comm Church Extend CUP RESOLUTION NO. 04-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 04-002 JOURNEY COMMUNITY CHURCH ONE-YEAR EXTENSION OF A CONDITIONAL USE PERMIT FOR AN ESTABLISHED CHURCH WITHIN THE DUBLIN SQUARE SHOPPING CENTER IN A 15,000 SQUARE FOOT TENANT SPACE LOCATED AT 11825 DUBLIN BOULEVARD PA 04-002 WHEREAS, the Applicant, pastor Michael Connolly has requested a 1-year extension to an established church within an existing and improved tenant space, located within the shopping center known as the Dublin Square. The religious facility is located within a 15,000 square foot tenant space located at 11825 Dublin Boulevard, in a C- 1 Retail Commercial Zoning District; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on April 13, 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: The proposed use is and related structures are compatible with other land uses, transportation and service facilities in the vicinity as it has been operating at the site for two years without demonstrating any adverse effects on neighboring uses in the surrounding area. Additionally, it has been conditioned to reduce any adverse effects, is in an existing commercial building fully improved for the use, and is temporary in nature. Bo 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 proposed use is temporary in nature and currently in operation and has had no recognizable negative impacts, and the proposed use will serve a public need by providing a semi-public community service to residents. The use, under all circumstances and conditions of this permit, will not be injurious to property or improvements in the neighborhood because the site is adjacent to other commercial uses that normally operate at times other than the proposed use, will be operating only at specified times, and is temporary in nature. Do 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 with implementation of the existing and the proposed conditions. The site is completely improved and serviced by all appropriate utilities and infrastructure. Eo The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed as it is operating within an improved tenant space in an existing shopping center and is compatible with the other uses in the center. The approval of this Conditional Use Permit is consistent with the Dublin General Plan and the Retail/Office Commercial land use designation on the site. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 04-002 Conditional Use Permit Extension to allow a church continue operations for a 1-year period within the 15,000 square foot tenant space of the Dublin Square shopping center as generally depicted on Exhibit A, stamped approved and on file, for the period of 1 year from February 8, 2004, the expiration date of the previous approval. 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 buildin~ 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 0fApproval: [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [FI Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. Note: Revisions to existing and previously approved conditions are annotated with an underline for additions and a ~ for deletions. The activities associated with the church office shall have the following operating hours: Monday to Friday 8:00 a.m. - 6:00 p.m. The activities associated with the Sunday services shall have the following operating hours: 8:45 am to 11:30 am. Any extension of the hours shall be subject to review and approval by the Director of Community Development. [PL] No loudspeakers or amplified music shall be permitted outside of the enclosed buildings. [PL] Any signage on site shall be subject to the Sign Requirements contained within the Dublin Zoning Code. [PL] The Applicant shall comply with all applicable Planning, Building, Alameda County Fire Authority, and Police Department regulations and ordinances. [PL, B, F, PO] This Conditional Use Permit shall be null and void on February_8, 20045. [PL] The two existing disabled stalls near the P4umbe,ff entrance must have new pavement markings and signs consistent with ADA regulations and the City Public Works Department requirements, depicting the international symbol of accessibility. [PW] 7. One additional disabled access stall must be provided along the front of the building. Signs must be posted at the driveway entrance that read, "Unauthorized not 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 833-6670". [PW] The sign identifying the disabled parking stall near the Union Bank must be rotated such that the sign faces the disabled access parking stall. [PW] 10. 11. 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. [P1] The Automatic fire sprinkler system shall be modified as required by any renovation, wall installation or change in floor or room configuration. The Automatic fire sprinkler system shall be designed, installed, tested and maintained to the specifications of NFPA 13 & 25, 1997 edition. Plans and calculations shall be submitted to the fire prevention division for review and approval prior to installation. The system shall be monitored by a UL Certified central station and shall be a certificated account as well. A permit for the system shall be completed an all fees paid prior to installation. [F] 12. Plans calculations and a permit shall be submitted for the manual fire alarm system. System shall be designed, installed, tested and maintained to NFPA 72 standards. The system shall be monitored by a UL Certified central station and shall be a certificated account as well. [F] 13. Exiting from all areas of the building shall meet the minimum requirements of the California Building Code. [F] 14. Decorative materials shall meet the requirements of Section 1103.3 of the California Fire Code. [F] 15. Emergency lighting shall be installed throughout the building. [FI 16. To allow emergency access to the building, a KNOX box shall be installed at the main entry. [F] 17. Approved numbers or addresses shall be placed on all existing buildings. The address shall be positioned as to be plainly visible and legible from the Street or Road fronting the property. Said numbers shall contrast to their background. [F] 18. 19. The building located at 11825 Dublin Blvd is classified as a Type VN building with an occupancy classification of Retail Sales (M). The applicant is proposing a Tenant Improvement for an Assembly Occupancy (A2.1) with Classrooms (E-l). As per Section 3405 Dublin Building Code "No change shall be made in the character of occupancies or use of any building that would place the building in a different division of the same group of occupancy or in a different group of occupancies, unless such building ia' made to comply with the requirements of this code for such division or group of occupancy." [B] The Applicant shall upgrade the building to meet all aspects of the 1998 Building Codes. This would include but is not limited to the following: Assembly Occupancy is Not Permitted in a Type VN building. The applicant will be required to upgrade the building to meet Type V 1 hr construction. This would include but is not limited to replacement of all Gypboard with 2 layers 5/8 inch Type X Gypboard for all exterior walls replace all interior walls with 1 layer 5/8 inch Type X Gypboard both sides, fire caulking all penetrations in the building with an approved fire caulk. [B] 20. As submitted the approximate occupancy load on the building for the above occupancy is 1544. With the installation of fixed pews or chairs the approximate occupancy load is 542 persons. This would mandate that there be 3 exits (542 persons) or 4 exits (1544 persons) be provided. The exit system to the public street shall be a minimum 20-foot-wide right-of-way unobstructed and maintained to only as exit discharge to the public way. With the current configuration of the building this may require structural changes. This would require panic hardware on all gates in the rear of the property and the swing of the gate to be to the front of the building. [B] 21. The Lobby area shall be a rated corridor, with all doors protected for such rating. [B] 22. The building shall have all Exit signage and Exit Lighting installed to meet the requirements for assembly occupancies. [B] 23. The Platform shall be of non-combustible construction or be equipped with a fire suppression system above and below. [B] 24. All Plans and Calculations shall be prepared by a California licensed Architect or Engineer. [BI 25. 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 13th day of April 2004. AYES: Cm. Fasulkey, Nassar, Jennings, King, and Machtmes NOES: ABSENT: ATTEST: Plann~;~r ~i~-nnin~ Co~mis~ion ~Ttg0n G:\PA#~2004X04-002 Journey Church\PC CUPextension reso.doc 4