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Resolution No. 2015-27 | Conditional Use Permit (CUP 14-06) for Church Use with Ancillary Services at Muraoka Drive | Adopted 10/01/2015RESOLUTION NO: 2015-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY APPROVING CONDITIONAL USE PERMIT (CUP 14- 06) TO ALLOW A CHURCH USE WITH ANCILLARY SERVICES AT 8886, 8872 AND 8862 MURAOKA DRIVE, OFFICE USE TO SUPPORT THE CHURCH USE AT 8861 MURAOKA DRIVE, AND OFF -SITE PARKING UNDER A SHARED PARKING AGREEMENT FOR 23 PARKING SPACES AT 8851 MURAOKA DRIVE. WHEREAS, New Hope Community Church, submitted application CUP 14-06, requesting approval of a Conditional Use Permit to allow a church use in the limited industrial zoning district, located at 8886, 8872, 8862 and 8861 Muraoka Drive, Gilroy, Ca.; WHEREAS, New Hope Community Church proposes to continue their operations at 8886, 8872 and 8862 Muraoka Drive, re -locate their administrative operations to 8861 Muraoka Drive, and utilize 8851 Muraoka Drive for overflow parking on Sundays; WHEREAS, a previous CUP (CUP # 02-07) allowed a church use until October 3, 2007. Since then, the church use continued and also expanded its operation to include a new nursery and pre -kinder suite. . WHEREAS, shared parking based on days and hours of operation can be accommodated between the church uses at both 8886 Muraoka Drive and 8861 Muraoka Drive. Overflow parking for Sunday services will be accommodated through a shared parking agreement for up to 23 parking spaces at 8851 Muraoka; WHEREAS, the Planning Commission on October 1, 2015 considered the staff report, and all other documentation related to application CUP 14-06; and WHEREAS, the Conditional Use Permit shall expire in eight (8) years, or on October 1, 2023; WHEREAS, Section 19.13 (b) of the Zoning Ordinance, requires that the Planning Commission review and may issue Conditional Use Permit approval for said church use within a Limited Industrial District if it complies with all conditions upon which approval is made contingent and will not adversely affect other property in the vicinity or cause any damage, hazard, or nuisance to persons or property; and WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical exemption for existing facilities with negligible or no expansion of the existing use pursuant to CEQA Guidelines Section 15301, which applies to this Project; and Resolution No. 2015-27 WHEREAS, the location and custodian of the documents and other material which constitute the record of proceedings upon which this Project approval is based is the office of the Community Development Department. WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following: (A) That the proposed use is properly located in relation to the general plan and to the community as a whole and to other land uses and to transportation and service facilities in the vicinity. (B) That the proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity, or cause any damage, hazard, or nuisance to persons or property. WHEREAS, the Planning Commission finds that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general. NOW THEREFORE IT BE RESOLVED that the Planning Commission does hereby approve CUP 14-06 subject to the following conditions: STANDARD CONDITIONS OF APPROVAL FOR LAND USE PERMITS Note: The following abbreviations identify the City department or division responsible for determining compliance with these standard conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. Internal information shown in italics at the end of each condition provides internal reference for the condition: Some are standard permit conditions (e.g. G-1) while some are taken from environmental documents (e.g. MND-S2). RESPONSIBLE DEPARTMENTS/DIVISIONS BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CE Code Enforcement PW Public Works/Engineering FD Fire Department TR Traffic Division PD Police Department WW Wastewater/Source Control 2 Resolution No. 2015-27 General Project Conditions 1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. (PL, G-1) 2. This permit is granted for approved plans ("the plans") on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans or uses shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. (PL, G-2) 3. Developer means permit applicant, property owner, and/or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project or upon expiration of the conditional use permit, which ever occurs first. (CA, G-3). 4. Developer shall obtain building permits for the plans within one (1) year from the date of this permit approval. If such building permits are not received within the time frame, this permit shall automatically become null and void. (PL, G-4) 5. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G-7) 6. The developer/applicant agrees that failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer's acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G-8) 7. Developer agrees, as a condition of adoption of this resolution, at Developer's own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or it's officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-10) 3 Resolution No. 2015-27 8. Developer shall complete the "Notice of Land Use Restrictions and Conditions' form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees for recordation to the Planning Manager. (PL, G-12) 9. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation pursuant to the City Code. (CA, G-13) Planning Special Conditions: 10. This Conditional Use Permit (CUP 14-06) shall automatically become null and void upon expiration of the shared parking agreement for the requisite spaces needed to support the use, or if the approved use ceases to exist for more than 120 days, whichever comes first. 11. Barring any other reasons for expiration, this permit shall automatically become null and void within eight (8) years from the date of this permit approval. A one year, one- time extension prior to the expiration for this Conditional Use Permit can be submitted for review and approval by the Community Development Director or his/her designee. 12. The shared parking agreement for 23 spaces on property addressed at 8851 Muraoka Drive must be secured consistently for the life of this Conditional Use Permit. The applicant shall provide evidence of the renewed lease on a continual basis, consistent with the terms of each lease renewal. The current agreement expires in two (2) years on July 31, 2017. 13. Operation of the use shall be consistent with the Statement of Use submitted with the application and include the following: a) Three sanctuary services are held on Sunday between the hours of 7am and 1 pm. The nursery, pre -kinder and children's activites areas shall only be used during Sunday services as ancillary child care operations to support church during worship services; b) At its peak use, the church will need a total of 132 spaces for three Sunday services to accommodate a maximum of 492 patrons; c) During the week when the sanctuary is not in service, the overflow parking for the office at 8861 Muraoka will be provided at the sanctuary site, 8886 Muraoka Drive; d) Weekday bible study and group meetings are held after 5pm and will end before 9pm and held within the sanctuary; e) For the sanctuary use, shared parking and 23 parking spaces secured nearby at 8851 Muraoka for Sundays only will be renewed for the life of the church use. The shared parking agreements are in place for a period of two years. The applicant must have the agreement renewed for the life of the Conditional Use Permit. 4 Resolution No. 2015-27 Fire Department Conditions: 14. The Church is an A3 Occupancy and the proposed congregation area occupant load is proposed to go from 298 (prior CUP) to 500. A3 Occupancies with an occupant load over 300 will require that a Fire Alarm system that meets NFPA 72 be installed: a. Alarm Signaling devices shall be located in all areas per NFPA 72. b. Pull Stations shall be provided adjacent to each exit. c. The separate accessory uses (child care, class rooms and teen areas) shall also be provided with pull stations and signaling devices, and shall report alarm conditions to a central station. d. All pull stations and water flow devices shall be addressable. Fire Alarm system will be reviewed and approved by Fire Prevention. 15. The applicant shall ensure that each area occupied by the Church (including separated accessory uses) shall be provided a landline telephone so that 9-1-1 calls will have locations annunciated at the Gilroy PD communications. 16. The applicant shall apply for a tenant improvement permit which must include a revised occupant load calculation for each new suite use. Load calculation shall be made for each of the separate meeting/gathering/class rooms and shall be posted in a conspicuous location near the entry to each room/use area. 17. The applicant shall ensure that the "new" door from the Congregation room to the exterior (on North Side) shall be a double door in addition to the new double door on the North Side from the "coffee' room. Both new exit doors shall be provided with an ADA path of travel to a public way, to be reviewed and approved by Fire Prevention. 18. All other Building and Fire Code requirements shall be met pursuant to the Codes in effect at this time for the various Occupancies, including rated wall separations between each use, as reviewed and approved by Fire Prevention. 19. The applicant shall provide a Fire Safety and Evacuation Plan pursuant to Chapter 4 of the Fire Code for review and approval of the Fire Marshal's office. Building Department Conditions: 20. Within six months of this approval, the applicant shall apply for a tenant improvement permit for the conversion of each use. Clearly identify the existing building uses, occupancy groups, type of construction, rated construction at occupancy separation or required future rated wall/ceiling/floors/ roof -ceiling, and existing. With tenant improvement permit submit architectural life safety analysis for the proposed use (mixed occupancy ratio and occupancy separation) and provide seismic evaluation for the building due to change of occupancy. 5 Resolution No. 2015-27 PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF GILROY, this 1 st day of October, 2015, by the following vote: YES: (Lai, Sanford, Ashford, Fischer, Kloecker, Rodriguez, Gullen) NO: ABSTAIN: ABSENT: ATTEST: APPROVED: Susan L. Martin, Secretary Richard Gullen, Chairperson A