Conditional Use Permit 2015-02 and Site Plan & Design Review 2015-03 for Guru Nanak Sikh Mission.

Meeting Date: DECEMBER 08, 2015

Note from TheGardeningSnail: parts of this document may have been created by running a PDF Image File through software that converts Image to Text. My apologies for any Textual Gremlins that may have snuck in during the process. I may also have broken up longer paragraphs for easier reading.

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PROJECT DESCRIPTION:

The applicant, David Anderson, of DAC Remodeling, Inc., on behalf of Guru Nanak Sikh Mission, owner is requesting a Conditional Use Permit and Site Plan and Design Review approval to demolish an existing storage building of approximately 1000 square feet in size and construct a building of 1,898 square feet on the location of the demolished storage building.

The new building will be used for three purposes; 354 square feet will be used for storage; 577 square feet will be used as an office, bridal dressing room, and two restrooms; and 967 square feet will be a living area.

The living area will have a kitchen, living room, two bedrooms and a bathroom. The living area is in the rear of the building and the two bedrooms wrap around a concrete patio with raised planters containing new drought tolerant plantings.

The building is single story with an exterior stucco finish and asphalt composition shingle roofing. The north elevation has a three arch facade that matches the other adjacent religious buildings in form and style. The exterior color will match the exterior color of the adjacent religious buildings. The north elevation contains the entrance to the office and associated restrooms.

The west elevation, facing the adjacent religious buildings, contains the entrances to the bridal dressing room and bathroom, and to the living area.

The east elevation is adjacent to the access drive that goes around the whole site and contains the back door of the living area and a 10 foot by 8 foot roll-up door to the storage area.

The area has a split General Plan designation and split zoning, High Density and R-3 and Low Density and R-1. The site has a school and single family homes on the east, south and west, and across B Street to the north is vacant commercial land.

ANALYSIS:

The property is developed as a religious use and the proposed new building is consistent with that use. The site has a split general plan designation and zoning which poses no concern given the religious use approved by an existing Conditional Use Permit. The proposal meets the Zoning standards with respect to setbacks, height, parking, and lot coverage.

There is ample parking on the site and the proposed uses in the new building do not require any additional parking. The proposed building is not visible from off of the property and the size, construction style and type, elevations, and colors are all consistent with the existing buildings on the site.

Staff referred this proposal to various departments and agencies for comment and possible conditions for approval. City Engineering noted that they had no concerns with the proposal and there are no significant impacts to the City’s infrastructure (water, sewer, storm drainage).

Merced County Fire Department reviewed the proposal and noted the project must comply with various normal Fire conditions which are referenced in the proposed Conditions of Approval for this project.

RECOMMENDATION:

Staff is of the opinion that the proposed use and new building would be consistent with the existing religious use of the site. The building’s purposes and use are integrally tied to the site’s religious use.

Staff feels the use, site layout and building as proposed complies with all the requirements and standards applicable in City Codes and Standards. Staff recommends the Planning Commission approve Conditional Use Permit 2015-02 and recommend approval by the City Council of Site Plan and Design Review based on the Findings and Conditions of Approval contained in the attached resolutions.

ATTACHMENTS:

1. Conditional Use Permit Resolution 2015-_ Exhibit A, Conditions of Approval

2. Site Plan/Design Review Resolution 2015-_ Exhibit A, Conditions of Approval

3. Project Location and Zoning Map

4. Floor Plans and Elevations

 

Conditional Use Permit Resolution 2015-_ Exhibit A, Conditions of Approval

RESOLUTION 2015-

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON APPROVING CONDITIONAL USE PERMIT 2015-02 FOR THE DEMOLITION OF A STORAGE BUILDING AND THE CONSTRUCTION OF AN OFFICE, DRESSING ROOM, RESTROOMS AND LIVING QUARTERS AT THE GURU NANAK SIKH MISSION, 884 B STREET

WHEREAS, pursuant to Livingston Municipal Code ("LMC") section 5-6-9 (F), David Anderson, applicant on behalf of the Guru Nanak Sikh Mission, owner, has applied for a Conditional Use Permit to demolish a storage building and construct an office, dressing room, restrooms and living quarters at 884 B Street, in the City of Livingston; and

WHEREAS, the site is split zoned R-3 and R-1 (High Density Residential and Low Density Residential), and has a split General Plan designation of High Density Residential and Low Density Residential according to the official zoning map of the City of Livingston and the 1999 Livingston General Plan; and

WHEREAS, LMC Section 5-6-9 requires a Conditional Use Permit for "certain land uses that generally have a distinct impact on the area in which they are located, and/or are capable of creating special problems for bordering properties unless given special attention"; and the proposed addition to an established religious use is such a land use; and

WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad and a mailing to adjacent properties within 300 feet of the site; and

WHEREAS, Staff has reviewed the project with reference to the 1999 General Plan and the Zoning Ordinance; and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use is consistent with the General Plan, complies with the Zoning Ordinance in that the proposed use meets the zoning standards and requirements and is compatible with the surrounding uses; and

WHEREAS, the site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, wall and fences, parking, loading, landscaping, and other features required by the applicable zoning district are met; and

WHEREAS, the site for the proposed use is served by streets adequate to carry the quantity and kind of traffic generated by the proposed use; and

WHEREAS, public facilities are currently adequate to serve the proposed use; and

WHEREAS, the project is categorically exempt from the provisions of the California Environmental Quality Act, (CEQA Guidelines Section 15332, In-Fill Development Projects) as the specific demolition and new building itself is an infill development on a site no more than 5 acres in an existing developed area involving negligible or no environmental impacts on environmental resources and would result in no significant effects relating to traffic, noise, air or water quality, and is adequately served by utilities and public services.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission adopts Resolution 2015-_, approving Conditional Use Permit 2015-02 with Conditions of Approval, attached as Exhibit A.

The foregoing resolution was introduced and moved for adoption on December 8, 2015, by Commissioner

, and being duly seconded by Commissioner , was passed by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Chair, RANJEET JHUTTI Secretary of the Planning Commission, RANDY HATCH

Exhibit A

Conditions of Approval

1. The Developer shall comply with all federal, state and local laws, policies, standards and requirements applicable to such a use and obtain a building permit and all other permits applicable to such a use and shall pay all fees and exactions applicable to such a use; and

2. The Developer shall submit improvement plans showing all water, sewer, storm drain, and utility locations and their connection to the City System; and

3. The Developer shall comply with all requirements of the Merced County Fire Department contained in the letter dated November 9, 2015; and

4. The Developer shall provide public utility easements and provide all utility services as required by the City Engineer; and

5. The Developer shall repair any damage to City facilities such as curb, gutter, sidewalk, streets and alleys caused by construction; and

6. The Developer shall indemnify, defend and hold harmless the City and its officials, officers, employees, agents, and consultants from any and all legal or administrative actions or other proceedings challenging this approval or any subsequent approval associated with this project; and

7. The development of the site shall be consistent with approved plans, elevations, and colors. Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff; and

8. All exterior lighting fixtures shall be directed to areas on the subject property itself and shall avoid shinning toward adjacent residential properties; and

9. The Developer and/or operator shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner.

Site Plan/Design Review Resolution 2015-_ Exhibit A, Conditions of Approval

RESOLUTION 2015-

RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF LIVINGSTON RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SITE PLAN AND DESIGN REVIEW 2015-03 FOR

THE DEMOLITION OF A STORAGE BUILDING AND THE CONSTRUCTION OF AN OFFICE, DRESSING ROOM, RESTROOMS AND LIVING QUARTERS

AT THE GURU NANAK SIKH MISSION, 884 B STREET

WHEREAS, pursuant to Livingston Municipal Code ("LMC") section 5-6-7, David Anderson, applicant on behalf of the Guru Nanak Sikh Mission, owner, has applied for a Site Plan and Design Review approval to demolish a storage building and construct an office, dressing room, restrooms and living quarters at 884 B Street, in the City of Livingston; and

WHEREAS, the site is split zoned R-3 and R-1 (High Density Residential and Low Density Residential), and has a split General Plan designation of High Density Residential and Low Density Residential according to the official zoning map of the City of Livingston and the 1999 Livingston General Plan; and

WHEREAS, LMC Section 5-6-7 requires the approval of a Site Plan and Design Review for new structures within the R-3 district to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development, and orderly development of the community; and

WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad and a mailing to adjacent properties within 300 feet of the site; and

WHEREAS, Staff has reviewed the project with reference to the 1999 General Plan, and the Zoning Ordinance (specifically Sections 5-6-7 "C" thru "E"); and fmds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use, its site plan, and design, is consistent with the General Plan, complies with the Zoning Ordinance in that the site plan and design meets the zoning standard and requirements (including those specifically referenced above).

NOW, THEREFORE, BE IT RESOLVED that the Livingston Planning Commission hereby adopts Resolution 2015-_, recommending City Council approval of the Site Plan and Design of the subject new development.

BE IT FURTHER RESOLVED, that the Conditions of Approval within Planning Commission Resolution 2015-_, Exhibit A are hereby approved.

The foregoing resolution was introduced and moved for adoption on December 8, 2015, by Commissioner

, and being duly seconded by Commissioner , was passed by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Chair, RANJEET JHUTTI

Secretary of the Planning Commission, RANDY HATCH

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Exhibit A Conditions of Approval

1. The Developer shall comply with all federal, state and local laws, policies, standards and requirements applicable to such a use and obtain a building permit and all other permits applicable to such a use and shall pay all fees and exactions applicable to such a use; and

2. The Developer shall submit improvement plans showing all water, sewer, storm drain, and utility locations and their connection to the City System; and

3. The Developer shall comply with all requirements of the Merced County Fire Department contained in the letter dated November 9, 2015; and

4. The Developer shall provide public utility easements and provide all utility services as required by the City Engineer; and

5. The Developer shall repair any damage to City facilities such as curb, gutter, sidewalk, streets and alleys caused by construction; and

6. The Developer shall indemnify, defend and hold harmless the City and its officials, officers, employees, agents, and consultants from any and all legal or administrative actions or other proceedings challenging this approval or any subsequent approval associated with this project; and

7. The development of the site shall be consistent with approved plans, elevations, and colors. Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff; and

8. All exterior lighting fixtures shall be directed to areas on the subject property itself and shall avoid shinning toward adjacent residential properties; and

9. The Developer and/or operator shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner.

Project Location and Zoning Map

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Floor Plans and Elevations

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