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
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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)
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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.
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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.
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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