Conditional Use Permit 2013-02. Zeke Nelson has applied for a Conditional Use Permit to operate a 100-person capacity church use in the Downtown Commercial Zoning District (DTC) at 1471 B Street, Suite A in the Liberty Market shopping center at the former movie rental store (APN: 024-132-011).

Note from TheGardeningSnail. This page was prepared by bouncing a PDF file through a program that converts Image to Text and there are a few glitches with the photo attachments. To see the PDF file, click on the May 14, 2013 Agenda Packet: Pages 22-32

b. Conditional Use Permit 2013-02. Zeke Nelson has applied for a Conditional Use Permit to operate a 100-person capacity church use in the Downtown Commercial Zoning District (DTC) at 1471 B Street, Suite A in the Liberty Market shopping center at the former movie rental store (APN: 024-132-011).

Agenda Item #: 4b.

Meeting Date: May 14,2013

Report Date: May 9, 2013

CITY OF LIVINGSTON PLANNING COMMISSION STAFF REPORT

CITY FILE NUMBER: Public Hearing – Conditional Use Permit 2013-02 -Church of the King/Iglesia del Rey

OWNER/APPLICANT: Chae Sun Lee , 533 Kings Road , Alameda, CA 94501

Zeke Nelson, Pastor Church of the King/ Iglesia del Rey, P.O. Box 147, Delhi, CA 95315

PROJECT LOCATION: 1471 B Street, Suite A (APN 024-132-011)

PROPOSED ACTION: Consideration of Conditional Use Permit (CUP) 2013-02- Church of the King/Iglesia del Rey.

PREPARED BY: Miguel A Galvez, Contract Associate Planner

Property Size: Approximately 7,700 sq. ft. lot

Existing Land Use:

Vacant connnercial center building (formerly used as a movie rental store)

1999 General Plan Land Use Designation: Downtown Commercial

Zoning: Downtown Commercial (DTC)

Street Access: B, Fourth, Fifth and Main Streets

Adjacent General Plan Land Use Designation & Zoning District:

North:   Downtown Connnercial & Downtown Connnercial (DTC)

South:   Downtown Connnercial & Downtown Connnercial (DTC)

East:   Downtown Connnercial & Downtown Connnercial (DTC)

West:   Downtown Commercial & Downtown Commercial (DTC)

PROJECT DESCRIPTION:

The applicant, Mr. Zeke Nelson, Pastor on behalf of Church of the King/Iglesia del Rey proposes to operate a 100-person capacity church in an approximately 3,200 sq. ft. facility at 1471 B Street, Suite A (in the former movie rental store "Movie Gallery") generally located at the northeast comer of B and Main Streets on property zoned Downtown Commercial (DTC).

The applicant proposes to use the facility for typical church functions and community-based ministries. Specifically, worship services are proposed to be held on Sunday mornings. The applicant reports that presently there is an average service attendance of 25 persons. They expect to grow to an average of 80 attendees. The facility will be set-up with seating for 100 people.

Community-based services include teaching English as a Second Language to Livingston residents. The classes are proposed Monday through Thursday from 10:00 a.m. to 12:30 p.m. and on Saturdays from 10:00 a.m. to 12:00 noon. The applicant reports there will be 4 to 15 students and 2 to 5 teachers/tutors. Some students are expected to walk to the facility.

There will also be practice time for musicians on Tuesdays from 6:30p.m. to 8:00 p.m., with occasions on other times. The applicant reports that there will be a maximum of 10 musicians practicing. The Church also plans to eventually conduct bible study, youth group, women’s group and prayer meetings involving about 20 persons each. The church also proposes to have occasional "one-time" events that may draw up to 80 people.

ANALYSIS:

The Liberty Market shopping center has 142 parking spaces for a variety of uses which includes a pizza parlor, a fitness club, a grocery store, Merced County professional offices, a Laundromat, and two other retail stores. The adjacent Fuentes shopping strip is served with 44 parking spaces for a total shopping center count of 186 parking on-site parking spaces. The previous parking analysis for the site was conducted for the new fitness center which determined that approximately 170 parking spaces would be needed to serve all of the uses on the Liberty Market property.

The required parking for churches is one parking space for every five seats. With a proposed 100-seat capacity, twenty off-street parking spaces would be required for this project. It is estimated that about 30 parking spaces are needed to serve the County’s office uses which are needed during normal business hours during the week. Since the professional offices are close after 5:00p.m. and on weekends, these parking spaces can be shared. The proposed church, stores and offices have varying peak traffic times and an opportunity for shared on-site parking is possible.

If a lack of on-site parking becomes apparent, then the maximum occupancy of the church will be re-examined and reduced if necessary. The proposed church indicates that it will promote walking and bicycle riding to and from the church.

To facilitate on-site circulation, traffic circulation arrows on driveways shall be painted and maintained.

Increased pedestrian traffic and attendance in the downtown area helps maintain economic and social vitality, which is encouraged by the 1999 General Plan Policy 3.3.A.l.c Downtown Commercial which promotes mixed-use activity in the downtown area.

CONDITIONAL USE PERMIT:

According to LMC 5-3-15 Table 5- Public or Quasi-Public Facilities: Community Hall/Services are allowed in the Downtown Commercial (DTC) subject to obtaining approval of a conditional use permit after consideration of certain criteria. LMC 5-6-9: E. Criteria: In considering an application for conditional use permits, the following criteria shall be as follows:

3. Findings required for approval shall include:

a. The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by the applicable zoning district. The proposed church would be located in an existing building which consists of approximately 3,200 square feet, of which, approximately 360 square feet is used for storage and bathroom facilities. The proposed church would provide seating for up to 100persons, requiring up to 20 on-site parking spaces.

Since the proposed church activities would take place at different traffic peak times when compared to other uses in the shopping center, there is opportunity to use and share the existing on-site parking spaces.

b. The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use. The site is fronted by "B" and Main Streets along its southern and western property lines respectively. Vehicular access would be from the main "B" Street entrance access at its intersection with Fourth and Fifth Streets. The shopping center has been designed to handle and serve a maximum vehicular capacity of 186 vehicles, the subject proposal would constitute a small portion (12%) of that capacity.

c. Public facilities are currently adequate to serve the proposed use or improvements are included in an approved Capital Improvement Plan or otherwise will be complete prior to the issuance of building permits. Adequate public facilities are in place to adequately serve this existing shopping center and the proposed church use.

d. The proposed development is consistent with the General Plan. If granted, it should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare, of any particular applicant. The proposal is consistent with the 1999 General Plan Policy 3.3.A.1.c Downtown Commercial. This designation provides the City with a mixed-use activity in the downtown area. It is intended to provide for a wide range of uses and to promote feasibility and vitality of the downtown.

3

ENVIRONMENTAL STATUS:

The Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301 Existing Facilities- Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities involving negligible or no expansion of an existing use.

RECOMMENDATION:

Staff recommends that the Planning Commission adopt Resolution 2013-_ approving Conditional Use Permit 2013-02 to operate a 100-person capacity church at 1471 "B" Street, Suite A, commonly known as APN 024-132-011 subject to the findings listed above and the conditions of approval as listed on the attached Planning Commission Resolution.

ATTACHMENTS:

1. Project Location and Zoning Map

2. Proposed floor plan

3. Site Plan

4. Aerial Map of Project Site

5. Resolution 2013-_, A Resolution approving Conditional Use Permit 2013-02

clip_image007PROJECT

LOCATION & ZONING MAP CUP 2013-02

 

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Attachment 4

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RESOLUTION 2013-

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON APPROVING CONDITIONAL USE PERMIT 2013-02 THE OPERATION OF A

100-PERSON CAPACITY CHURCH ON 1471 "B" STREET IN THE DOWNTOWN COMMERCIAL ZONE DISTRICT (DTC) ON PROPERTY COMMONLY KNOWN AS APN 024-132-011- ZEKE NELSON ON BEHALF OF THE CHURCH OF THE KING/IGLESIA DEL REY, APPLICANT

WHEREAS, Zeke Nelson submitted a Conditional Use Permit application ("CUP") to operate a 100-person capacity church and ancillary activities on property located at 1471 "B" Street, Suite A, also commonly known as APN 024-132-011, (the "Project") located within the Livingston City Limits; and

WHEREAS, the Project has been reviewed with reference to the 1999 General Plan and the Zoning Code (LMC 5-3-15 Table 5) and the Project is consistent with the 1999 General Plan Policy 3.3.A.l.c Downtown Commercial. This designation provides the City with a mixed-use activity in the downtown area. It is intended to provide for a wide range of uses and to promote feasibility and vitality of the downtown; and

WHEREAS, the Project has been properly noticed by posting, a newspaper ad and a mailing to adjacent properties within 300 feet of the site; and

WHEREAS, the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301 Existing Facilities­ Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities involving negligible or no expansion of an existing use.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission adopts Resolution 2013-_, approving Conditional Use Permit 2013-02 for the Project, based on the following findings of fact:

a. The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by the applicable zoning district. The proposed church would be located in an existing building which consists of approximately 3,200 square feet, of which, approximately 360 square feet is used for storage and bathroom facilities. The proposed church would provide seating for up to 100 persons, requiring up to 20 on-site parking spaces. Since the proposed church activities would take place at different traffic peak times when compared to other uses in the shopping center, there is opportunity to use and share the existing on-site parking spaces.

b. The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use. The site is fronted by "B" and Main Streets along its southern and western property lines respectively. Vehicular access would be from the main" B" Street entrance access at its intersection with Fourth and Fifth Streets. The shopping center has been designed to handle and serve a maximum vehicular capacity of 186 vehicles, the subject proposal would constitute a small portion (12%) of that capacity.

c. Public facilities are currently adequate to serve the proposed use or improvements are included in an approved Capital improvement Plan or otherwise will be completed prior to the issuance of building permits. Adequate public facilities are in place to adequately serve this existing shopping center and the proposed church use.

d. The proposed development is consistent with the General Plan. If granted, it should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare, of any particular applicant. The proposal is consistent with the 1999 General Plan Policy 3.3.A.1.c Downtown Commercial. This designation provides the City with a mixed-use activity in the downtown area. It is intended to provide for a wide range of uses and to promote feasibility and vitality of the downtown.

BE IT FURTHER RESOLVED that the Livingston Planning Commission adopts Resolution 2013- , approving Conditional Use Permit 2013-02 based on the following conditions:

l. If the approved use does not commence within one year of the date of approval, the Conditional Use Permit shall become invalid.

2. All interior improvements, alterations and renovations shall be completed in conformance with the Uniform Building Code and Fire Code. All signage shall be in conformance with Livingston Municipal Code Section 4-2.

3. To facilitate on-site vehicular circulation, traffic arrows on driveways shall be painted fresh annually and maintained.

4. The applicant shall install a bicycle rack next the church building to facilitate the use of non-motorized modes of transportation.

5. If a lack of on-site parking becomes apparent through complaints by other tenants in the shopping center, then the maximum capacity of the church will be re-examined and reduced if necessary.

6. The applicant shall maintain the property clear of trash, debris and weeds.

2

The foregoing resolution was introduced and moved for adoption on May 14,2013, by _ and being duly seconded by was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

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Chair,

Secretary of the Planning Commission, MIGUEL A. GALVEZ

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