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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: January 8, 2002

Subject: Public Hearing for an appeal of Conditional Use Permit No. 01-08 to construct a church, located at the northeast corner of Fairview Avenue and Central Boulevard.

Submitted by: Community Development Department (Oshinsky/Zilm)

Approved by: John Stevenson, City Manager

___________________________________________________________________

RECOMMENDATION

The Planning Commission recommends that the City Council pass Resolution No. ___ upholding the Planning Commission approval by denying the appeal of Conditional Use Permit No. 01-08.

PREVIOUS ACTION

None

BACKGROUND

On November 20, 2001 the Planning Commission held a public hearing to consider the application by the Immaculate Heart of Mary Catholic Church. The Commission voted 5 – 0 to approve Conditional Use Permit No. 01-8 with conditions. This action was appealed by Glenn Sobolik, within the 14-day appeal period.

The attached appeal e-mail letter, dated December 4, 2001, Glenn Sobolik states the reasons he deemed that the Planning Commission was in error by approving Conditional Use Permit No. 01-08. Following is a list of the appeal points and staff’s response to each point:

1. Appeal Point:

Lack of parking for the ultimate buildout of the church facility. 

Staff’s Response:

This proposed project would be completed over several different phases. The first phase is the 13,630 sq. ft. church building. It is proposed to have seating for 550 attendees. The Zoning Ordinance says that one parking space is need for every 5 seats within the church facility. With 550 seats this facility is required to have 110 parking spaces. The applicant is providing 113 parking spaces. The Planning Commission asked that the applicant add another section to the parking lot, which would increase the overall parking for this first phase to 140 parking spaces exceeding the parking requirement by 30 spaces. When any new facility is added to the overall plan, the Planning Commission and staff will analyze the existing parking utilization and the use and square footage of the proposed building and will make sure that adequate parking is provided. 

2. Appeal Point:

Lack of continuing notification.

Staff’s Response:

This proposed project was originally noticed in the Ledger-Dispatch on August 13, 2001 and sent out to residents within 300 feet of the project on August 15, 2001 for a Planning Commission hearing date of September 4, 2001. At the Commission meeting of September 4th the item and public hearing were continued to the October 16th Commission meeting. At the October 16th meeting the applicant requested that the project be moved to the November 6th Commission meeting to allow them more time to go over the conditions of approval. The item and public hearing were once again continued to November 6th. 

On the morning of November 6th staff received a request by the applicant to continue the project to the November 20th meeting. On the afternoon of November 6th Mr. Sobolik came to the Community Development Department with questions about the church project. At this time he was informed that, at the request of the applicant, this item was going to be moved to the November 20th meeting. He discussed his questions with staff and then left the office. At the November 6th meeting the Commission continued the item and public hearing to the November 20th meeting.

At the November 20th meeting the item was heard and approved with conditions of approval by a 5 – 0 vote. While this item was continued a number of times, it was to a “date certain” on every occasion. This is the accepted protocol. 

If the City Council upholds the Planning Commission’s decision and denies the appeal, the project can be constructed as conditioned by the Planning Commission.

If the City Council overrules the Planning Commission’s decision and approves the appeal, staff will return at the next City Council meeting with a resolution and appropriate findings to deny the church’s plan.

FISCAL IMPACT: None


Attachments:

1. E-mail Letter from Glenn Sobolik.
2. City Council Resolution No. ___ upholding the Planning Commission’s decision.
3. Planning Commission Resolution No. 01-63 with conditions of approval. 





“ATTACHMENT 2”

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO UPHOLD THE PLANNING COMMISSION’S APPROVAL AND DENY THE APPEAL, BY GLENN SOBOLIK, OF CONDITIONAL USE PERMIT NO. 01-08 TO CONSTRUCT A 13,630 SQ. FT. CHURCH FACILITY, LOCATED EAST OF FAIRVIEW AVENUE AND NORTH OF CENTRAL BOULEVARD. 

WHEREAS, on November 20, 2001, the Planning Commission conducted a public hearing and approved a Conditional Use Permit to allow for the construction of a 13, 630 sq. ft. church facility, by passing Resolution No. 01-63; and

WHEREAS, on December 4, 2001, Glenn Sobolik appealed the Planning Commission decision to approve Conditional Use Permit No. 01-08; and

WHEREAS, an Initial Study and Negative Declaration have been prepared for this project in accordance with the California Environmental Quality Act (CEQA) and were considered as a part of the review and approval process. The Negative Declaration identified potentially significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided and those project measures were included in the project conditions of approval and would reduce the impacts identified to a less than significant level; and

WHEREAS, the City Council has held a public hearing and considered Glenn Sobolik’s appeal, and all oral and written testimony presented at the January 8, 2002 Council meeting; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby adopt Resolution No. ____ upholding the Planning Commission’s approval of Conditional Use Permit No. 01-08, and denying Glenn Sobolik’s appeal, by making the following findings: 

1. The location, design, and operating characteristics of the proposed use as conditioned will not adversely affect abutting properties and the surrounding neighborhood because the proposed church building is located roughly 300 + feet from existing residential units so as to minimize the visual impact on the surrounding residential units and will be constructed with the same type of building materials as the adjacent residential units; and

2. The harmony, bulk, and scale of the proposed project is consistent with and compatible with existing and planned land uses around the subject site because the proposed church building is consistent with previously approved church buildings located in other residential areas within the City; and

3. The subject site, as conditioned, will have adequate public facilities and utilities and service access because these improvements will be completed as part of the project; and 

4. Pursuant to Section 15168 ( c) and 15162 of the CEQA Guidelines, the Planning Commission found that the project was within the scope of the development levels evaluated in the Program EIR for the City of Brentwood General Plan. The Initial Study has further evaluated potential specific impact to the environment. Based upon this evidence and the Mitigated Negative Declaration, the Planning Commission found that the project will not have any significant environmental impacts that were not studied in the measures specified in the Program EIR to the project and imposed additional mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions to the approval of the project, the Mitigated Negative Declaration as well as the Program EIR for the General Plan are adequate for all approvals relating to the project. 

PASSED by the City Council of the City of Brentwood at its regular meeting on the 8th day of January, 2002, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:


_____________________________ 
Michael A. McPoland, Sr., Mayor

ATTEST:


_____________________________
Karen Diaz, City Clerk










ATTACHMENT 3



PLANNING COMMISSION RESOLUTION NO. 01-63

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD APPROVING CONDITIONAL USE PERMIT NO. 01-08 ALLOWING FOR THE CONSTRUCTION OF A 13,60 SQ. FT. CHURCH BUILDING WITH FIXED SEATING FOR 550 OCCUPANTS, MEETING ROOMS, OFFICES, KITCHENETTE AND 113 SPACE PARKING LOT AND VARIANCE NO. 01-04 ALLOWING FOR THE OVERALL HEIGHT OF THE CHURCH BUILDING TO EXCEED THE 30 FOOT MAXIMUM HEIGHT LIMIT, BY 23 FEET, LOCATED AT CENTRAL BOULEVARD AND FAIRVIEW AVENUE (APN 017-050-027). 

WHEREAS, the applicant has requested that the City consider a Conditional Use Permit to construct a 13,630 sq. ft. church building, 113 space parking lot and a Variance Permit to allow the overall height of the church to exceed the maximum 30 foot height limit, by 23 feet; and

WHEREAS, the City has reviewed this project in accordance with the California Environmental Quality Act and has determined that an Initial Study and Negative Declaration has been prepared for this project in accordance with the California Environmental Quality Act and is considered as a part of this review and approval process; and

WHEREAS, a duly public hearing was advertised in the Ledger-Dispatch on August 16, 2001 and mailed to property owners within 300 feet of the site as required by the City Ordinance and Government Code Section 65090; and 

WHEREAS, the Planning Commission of the City of Brentwood has held a public hearing, reviewed said Conditional Use Permit request and the staff report, has studied the compatibility of the applicant’s request with adjacent land uses and has considered this request in accordance with the Conditional Use Permit criteria established in Section 17.830.005 of the Brentwood Municipal Code; and finds that:

4. The location, design, and operating characteristics of the proposed use as conditioned will not adversely affect abutting properties and the surrounding neighborhood; and

5. The harmony, bulk, and scale of the proposed project is consistent with and compatible with existing and planned land uses around the subject site; and

6. The subject site, as conditioned, will have adequate public facilities and utilities and service access when the project is completed; and 





7. The portion of the project, which exceeds the applicable City height limit, is affected by unique circumstances and necessitates a variance from City height restrictions.

WHEREAS, the Planning Commission of the City of Brentwood held a public hearing, reviewed the request for said Variance Permit and the corresponding staff report, considered all public testimony, has studied the compatibility of the applicant’s request with adjacent land uses, and finds that:

1. The strict compliance with the specified regulations will result in unnecessary hardship because other churches do have cross heights exceeding the 30 foot height limit.

2. The strict compliance with the specified regulations would preclude an effective design solution by not allowing for a roof and cross design to be balanced with the proportions of the existing structure. 

3. The requested variance to allow the cross to exceed the height limit will not adversely affect abutting properties or the surrounding area and will not be detrimental to the public welfare because the proposed building is oriented so that the building will be facing away from and will be more than 380-feet from the closest adjacent neighbor.

4. The requested variance will not constitute a grant of special privilege inconsistent with limitations imposed on similarly zoned properties because similar variances have been granted for architectural features to exceed the height limits.

NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Brentwood approves Conditional Use Permit No. 01-08 to allow for the construction of a 13,630 sq. ft. church building with fixed seating for 550 occupants, meeting rooms, offices, kitchenette and 113 space parking lot and Variance No. 01-04 to allow the overall church height to exceed the 30 foot maximum height, by 23 feet.

This permit shall terminate on November 20, 2002, one (1) year from the effective date of approval unless actual construction or alteration under valid permits has begun within said period. However, such period of time may be extended by the Planning Commission upon application filed at any time before said period has expired, and 

This action is final unless an appeal is filed pursuant to Chapter 17.880 of the Brentwood Municipal Code within fourteen (14) calendar days following Planning Commission action.









ADOPTED by the Planning Commission of the City of Brentwood at its special meeting of November 20, 2001 by the following vote:

AYES: 

NOES: 

ABSENT: 

ABSTAIN: 




APPROVED:


____________________________
RAY SHIPLEY, CHAIRMAN

ATTEST:


___________________________________
MITCH OSHINSKY,
COMMUNITY DEVELOPMENT DIRECTOR 


























PLANNING COMMISSION RESOLUTION NO. 01-63
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 01-08
AND VARIANCE NO. 01-04

1. The developer shall comply with the standard Conditions of Approval for Commercial Design Review, dated January 2001, hereby incorporated by reference except for any changes made by the following conditions.

2. The project shall be built substantially in conformance with plans drawn by E. Paul Kelly, AIA, Architecture/Planning, date stamped received August 2, 2001 and October 18, 2001, unless otherwise amended by the Conditions of Approval contained herein.

3. Developer shall dedicate additional right-of-way, in fee, along Central Boulevard to a half width of 60 feet from the center line of improvements along the entire project frontage (APN # 017-050-27). Also, developer shall dedicate an additional 10 foot right-of-way for an exclusive westbound right-turn lane at the intersection of Fairview Avenue prior to any improvement plans approval, or issuance of building permit 

4. Developer shall design and construct intersection of Central Boulevard and the south Main entrance to the project site with left turn lanes incorporated into the median to the satisfaction of the City Engineer prior to any occupancy. 

5. Developer shall dedicate additional right-of-way, in fee, along Fairview Avenue frontage (APN #017-050-27) to a half width of 70 feet minimum or sufficient to incorporate 32 feet pavement east of the median and a 30 foot parkway prior to any improvement plans approval or issuance of building permit.

6. Developer shall design and construct the storm drain system concurrently with the other improvements to the satisfaction of the City Engineer and CCCFCD. This system shall incorporate grease, oil and sediment removal facilities onsite to the satisfaction of the City Engineer.

7. Regional and sub-regional drainage (equivalent to regional) fees shall be paid in an amount acceptable to Contra Costa County Flood Control and Water Conservation District and the City Engineer.

8. Developer shall pay the Habitat Conservation Fee prior to issuance of building permits. This fee shall be as established by the City Council.

9. Developer shall request the formation of a Habitat Conservation Maintenance District prior to issuance of building permit and/or shall include an Annual assessment in the project LLD for this purpose which shall be initially set at $50.00 per lot, per year for residential lots and an equivalent amount based on lot size for the church.

10. Developer shall dedicate the necessary right-of-way to full width on Cherry Tree Way prior to occupancy.

11. Developer shall design and construct the southbound left turn lane in the median on Fairview Avenue at the west project entrance to the satisfaction of the City Engineer prior to any occupancy.

12. Developer shall underground all overhead utilities on the church frontage of Fairview Avenue and Central Boulevard in accordance with City Ordinance prior to occupancy. The facilities shall be underground at their ultimate location.

13. The sanitary sewer and storm drain systems for the project shall be designed and constructed to comply with City’s Infrastructure Master Plans and to the satisfaction of the City Engineer.

14. Developer shall enter into a Deferred Improvement Agreement with the City of Brentwood for all the remaining improvements on Fairview Avenue and Central Boulevard as envisioned in the City’s Infrastructure Master Plan and the following items. The deferred Improvement Agreement shall be signed and approved by the City Council prior to issuance of building permits. The church may take Fee Credits for the right-of-way dedicated only. The remaining available Fee Credits must be retained for the future residential development constructing those improvements.

a. Developer shall construct Fairview Avenue widening along the entire property frontage (APN #017-050-27) to provide two northbound lanes, bike lane, curb, gutter, sidewalk, street lights, utilities, signing and striping etc.

b. Developer shall construct irrigation system and landscaping in the 30 foot parkway area of Fairview Avenue concurrently with road improvements. Maintenance cost of these improvements shall be included into LLD for this project.

c. Developer shall install traffic signal interconnect conduit and necessary appurtenant improvements along Central Boulevard. And Fairview Avenue frontages to the satisfaction of the City Engineer. 

d. Developer shall provide an exclusive westbound right-turn lane at the intersection of Fairview Avenue and Central Boulevard to the satisfaction of the City Engineer. These improvements will require an additional 10 foot right-of-way dedication along Central Boulevard to be a total of 70 feet from center line of improvements.

e. A portion of the Master Plan Infrastructure constructed as a part of this development is fee creditable per the current Development Fee Program. Calculations of the exact fee credits will be prepared by the office of the City Engineer at the time of construction of this project and those credits will be based on the then Development Fee Program as adopted by the City Council. 

f. Developer shall construct the Central Boulevard widening along the entire property frontage (APN #017-050-27) to provide a 16 foot median, two west bound lanes, bike lane, curb, gutter, sidewalk, utilities, street lights, signing and striping etc. 

g. Developer shall construct irrigation system and land scaping in the median and parkway area on Central Boulevard along the entire property frontage concurrent with street improvements. Cost of maintenance of these improvements shall be included into the LLD for this project.

h. Developer shall make necessary modifications to the traffic signal at Fairview Avenue and Central Boulevard. Also, developer shall relocate traffic signal pole and other appurtenant equipment concurrent with road improvements to the satisfaction of the City Engineer.

i. Fairview Avenue and Central Boulevard improvements shall be completed prior to December 31, 2005, or concurrent with the first occupancy of the residential unit/school of the eastern portion of the project property, whichever occurs first.

j. The deferred improvement agreement shall be guaranteed with a deed of Trust over the easterly portion of the property (Proposed residential development) in the amount of the required improvements plus inflation calculated in accordance with the Engineering News Record Construction Cost Index.

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