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HomeMy WebLinkAboutCity Council Resolution 07-067RESOLUTION N0.07-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING APPEAL AND APPROVING MODIFICATION OF USE PERMITS 29 AND 147 APPLICABLE TO ST. ARCHANGEL MICHAEL CHURCH AT 18870 ALLENDALE AVENUE, SARATOGA CALIFORNIA WHEREAS, the City Council has received the appeal filed on June 28, 2007 by the Saratoga Neighbors Group also known as the Saratoga Neighbors Taskforce (hereafter "Appellants") of the Planning Commission's June 13, 2007 Resolution No. 07-056) to modify and supersede previous Use Permits issued in 1961 and 1968 applicable to the St. Archangel Michael Serbian Orthodox Church at 18870 Allendale Avenue (hereafter "the Church"); and WHEREAS, the Subject Property is located in a Residential Zoning District (R-1-40,000) and pursuant to City Code Section 15-12.030(e) "religious institutions" are allowed in the R-1- 40,000 Zoning District as conditional uses upon issuance of a Conditional Use Permit such as Use Permits 29 (issued in 1961) and 147 (issued in 1968); and WHEREAS, under Section 15-06.540 of the City Code "Religious institution" is defined as "a use providing facilities for organized religious worship and religious education and other activities incidental thereto"; and WHEREAS, on June 13, 2007 after a full dully noticed public hearing, the Planning Commission approved Resolution No. 07-056 modifying and superseding Use Permits 29 and 147; and WHEREAS, in light of the Appellants' Appeal of Resolution No. 07-056, the City Council duly noticed and scheduled a public hearing on September 5, 2007 to determine whether Use Permits 29 and 147 should be revoked or modified and continued said public hearing to September 19, 2007; and WHEREAS, on September 5, 2007 and September 19, 2007 the City Council conducted a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, pursuant to the California Environmental Quality Act, the recommended modification of Use Permits 29 and 147 is exempt under CEQA Guidelines Section 15061(b)(3) (because it can be seen with certainty that there is no possibility that the modification may have a significant effect on the environment because any such modification would merely clarify the existing conditions and regulations applicable to the Church) and under CEQA Guidelines Section 15308 (because the modification would merely assure the maintenance or protection of the environment); and WHEREAS, the City Council finds, as set forth below, that for the preservation of the public health, safety, welfare, the prevention of creation or continuance of a public nuisance, and/or the preservation or restoration of adequate basis for any of the findings set forth in Section 15-55.070 of this Article, the Planning Commission's Resolution No. 07-056 modifying and superseding Use Permits 29 and 147 should be upheld with some minor modifications: Page 1 of 6 1. Finding: The City has previously notified the Church on more than one occasion that certain of its prior activities were not incidental to the Church's organized religious worship and religious education purposes and the Church has acknowledged that this has been the case and stated its intention to correct the situation. 2. Finding: Some advertisements by the Church for its current Serbian Orthodox Dance Lessons have been inconsistent with City regulations governing public dances and the Church has agreed to revise such advertisements. 3. Finding: The Church's illumination of certain signs and use of an identification sign without a sign permit is prohibited by the City's Sign Regulations and the Church has agreed to eliminate such illumination and either eliminate such identification sign or obtain a permit for it. 4. Finding: Some complaints raised against certain of the Church's operations (such as parking on an adjoining parcel owned by the Church) warrant imposition of clarifying conditions requiring appropriate action by the Church to assure full compliance with City Zoning Regulations. 5. Finding: Use Permits 29 and 147 contained no detail as to terms and conditions and good, clear land use permits make it easier to assure compliance with City Zoning Regulations. 6. Finding: Contrary to Appellants' claims, there has been no due process violation in connection with these Use Permit modification proceedings and there was no unequal treatment of Appellants at the June 13, 2007 Planning Commission Meeting. 7. Finding: The Church does not operate a "bar" in that it does not sell alcoholic beverages to the general public, but rather holds a valid license from the State Alcoholic Beverage Control Board (ABC) which allow the Church to serve wine, beer, and distilled spirits to parishioners and guests over the age of twenty-one. The State ABC licenses were last renewed in March of 2007. 8. Finding: The Church does not operate a "restaurant" in that it does not sell food to the general public, but rather holds a "1623 Restaurant Permit 0-5 Employees" from the County of Santa Clara in order to satisfy City Code Section 7-25.030 regarding food preparation. 9. Finding: The Church does not conduct public dances or operate a public dance hall in that it has given assurance that it will not advertise its Dance Program to the general public or charge admission and conducts such Dance Program for the religious objectives of the Church. 10. Finding: The Church has given its assurance that it will park only on parcel APN 397- 01-014 and construct a separation feature from the adjacent residential parcel, APN 397-01-012, so as to preclude any overflow Church parking. WHEREAS, the City Council finds that all of the findings for approval required within Section 15-55.070 of the City Code can be made in the affirmative if Use Permits 29 and 147 are modified as set forth in this Resolution. The following is a discussion of each of the required findings for approval: Page 2 of 6 (a) That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. The use is a conditionally permitted use in the designated zoning district (R-1-40,000). Section 15-12.010(d) provides that one of the purposes of the residential zoning districts is to provide space for community facilities needed to complement residential areas and for institutions, which require a residential environment. (b) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Appropriate conditions have been placed on the modified combined Use Permit to ensure preservation of the public health, safety and welfare and prevent any materially injurious impacts to properties or improvements in the vicinity. (c) That the proposed conditional use will comply with each of the applicable provisions of this Chapter. With the modifications required, the Church will comply with each of the applicable provisions of the City Zoning Regulations. (d) That the proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood and will not adversely affect surrounding properties or the occupants thereof. With the modifications required, the Church will not adversely affect existing or anticipated uses in the immediate neighborhood and will not adversely affect surrounding properties or the occupants thereof. NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the evidence and the City Code the City Council hereby finds approves the exemption from CEQA (finding that no exception thereto applies), makes the above findings, and combines, modifies and imposes new conditions on Use Permits 29 and 147 as follows: COMMUNITY DEVELOPMENT DEPARTMENT 1. Use Permits 29 and 147 issued to the St. Archangel Michael Serbian Orthodox Church ("Church") in 1961 and 1968 respectively are hereby combined and superseded by this new Use Permit. 2. This Use Permit confirms the authorization for the use of the structures and parking areas currently located on the real property known as Santa Clara County APN 397-01-014 for a Church Center comprised of a classroom (also used as a sanctuary), social hall, a parish residence, recreational fields (including basketball court), parking for all of the same and associated access and other minor improvements. All future changes to the existing structures must be submitted to the Community Development Department in writing with plans showing the changes and such changes shall be subject to the requisite prior City approval. 3. The use shall consist of operation of a "Religious institution" which is defined as "a use providing facilities for organized religious worship and religious education and other activities Page 3 of 6 incidental thereto." For a use to qualify as "incidental" to the "organized religious worship and religious education" of the Church, the events and/or activities: (a) must be directly related to the religious objectives of the Church; (b) must not involve mere commercial rental of Church facilities to the public; (c) must not involve commercial catering for public events; and (d) must be one of the following: (a) intrinsically religious; (b) directly related to a religious activity (e.g. fellowship meeting); or (c) predominately fundraising for the Church. Any intensification of this use beyond that in existence on September 19, 2007 shall require an amended Conditional Use Permit. 4. The Church is prohibited from using, renting or allowing others to use the Church properties for activities and events not directly related to the religious objectives of the Church. Activities directly related to the operation of the Church include, but are not limited to, Worship services, Sunday school, meetings, lectures, educational programs (including Orthodox Christian dance lessons), banquets, weddings, and fundraisers, so long as they are incidental to the organized religious worship and religious education purposes of the Church and any charges for attendance go to the Church for use for its religious purposes. 5. The Planning Commission shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete, or impose, any new conditions of the permit in order to preserve a substantial right of the applicant, or to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to preserve or restore any of the findings set forth in Section 15-55.070 of this Article. 6. Upon holding any and all prerequisite licenses or permits, the Church may prepare, and serve food to Church members and guests on the Church premises for a voluntary donation, but only if incidental to the Church's organized religious worship, education and objectives. The Church may not operate or advertise as a restaurant open to the public as defined in Article 15-06 of the City Code. 7. Upon holding any and all prerequisite licenses or permits, the Church may serve alcoholic beverages to Church members and guests on the Church premises for a voluntary donation, but only if incidental to the Church's organized religious worship, education and objectives. The Church may not operate or advertise as a restaurant (which includes a bar) open to the public as defined in Article 15-06 of the City Code. The Church may charge for alcoholic beverages at weddings it caters. 8. Upon holding any and all prerequisite licenses or permits, the Church may provide and charge for on-site catering service to Church members and guests, but only if incidental to the Church's organized religious worship and religious education. This may include weddings and banquets for religious purposes consistent with Church Bylaws. Excluding Orthodox Easter and Orthodox Christmas, catered activities and events to the extent allowed shall be limited to the time between 9:00 a.m. and 10:00 p.m., except: (1) on Friday or Saturday when such hours may be expanded to be between 8:00 a.m. and 11:00 pm.; and (2) on Sunday when such hours are reduced to be between 8:00 a.m. and 9:00 p.m. Delivery vehicles shall only be allowed on-site between 8:00 a.m. and 10:00 p.m., except: (1) on Friday or Saturday when such hours may be Page 4 of 6 expanded to be between 8:00 a.m. and 11:00 pm.; and (2) on Sunday when such hours are reduced to be between 8:00 a.m. and 9:00 p.m. The Church may not cater off-site events. 9. Public dances are prohibited and use of any Church facility as a public dance hall is also prohibited. Dance Lessons are required to be conducted as educational classes for the preservation of church-related Orthodox Christian traditions and shall not be allowed to evolve into public dances. In order to comply with this condition, no advertisement may invite the general public, the educational aspect shall predominate, and no admission may be charged (other than a suggested donation clearly noticed as voluntary only). 10. Excluding Orthodox Easter Holy week and Orthodox Christmas, non-catered activities and events to the extent allowed shall be limited to the time between 9:00 a.m. and 10:00 p.m., except: (1) on Friday or Saturday when such hours may be expanded to be between 8:00 a.m. and 11:00 pm.; and (2) on Sunday when such hours are reduced to be between 8:00 a.m. and 9:00 p.m. 11. The Church shall comply with Article 7-30 of the City Code governing Noise Control. 12. The Church shall comply with all applicable City Code provisions. 13. The Church shall only use APN 397-O1-014 for parking. In addition, the Church shall be required to either construct a fence or other permanent feature separating the parcel on which the Church is located from APN 397-01-012, which shall be subject to prior approval by the Community Development Director. Installation by the Church shall be completed within 60 days after final action by the City Council approving this modified Use Permit. 14. As to the identification sign and the Cross, within 60 days the Church shall either: (1) provide proof of prior City approval; (2) obtain a permit; or (3) or remove such features. 15. The proposed use shall at all times operate in compliance with all regulations of the City and/or other agencies having jurisdictional authority over the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. The Church shall contact Santa Clara County Health Department and verify whether there are any required permits from said Health Department. If required by the Santa Clara County Health Department, the Church shall submit to the Community Development Department documentation from the Santa Clara County Health Department showing proof of compliance of the proposed use and/or development with the Health Department's requirements. 16. Prior to the issuance of this combined, modified Use Permit, the Church shall pay any outstanding fees associated with the City review of the Use Permits 29 and 147 under City Code Section 15-55.100. 17 No later than September 19, 2008, both the Church and the Neighborhood Group shall submit a letter to the Planning Commission addressing whether there has been compliance with the conditions of this modified Use Permit. The Planning Commission shall thereafter determine whether to place this modified Use Permit on the Commission's Agenda for further review. Page 5 of 6 CITY ATTORNEY 18. The Church shall indemnify, hold harmless and defend the City, its employees, agents, independent contractors and volunteers (collectively "City") from any and all costs and expenses, including but not limited to attorney's fees incurred by the City or held to be the liability of City in connection with City's defense in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the this Permit or contesting any action or inaction in the City's processing and/or approval of this Permit. Section 2. The uses by the Church shall maintain compliance with all applicable requirements of the State, County, City and other Governmental entities having jurisdiction. Section 3. Unless appealed pursuant to the requirements of Article 15-90 of the City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the St day o tember, 20 the fo~wing vote: ~~~ ~~~ AYES: Councilmembers Jill Hunter, Kath g, huck Page, Vice Mayor Ann Waltonsmith, Mayor Aileen Kao NOES: None ABSENT: None ABSTAIN: None ATTES ~~ .~ Aileen Kao, Mayor This Us ermit is hereby accepted by the Church upon the express terms and conditions hereof. The un ersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and compl ith said terms and conditions within any time frames approved by the Ci Council. ~ r~~ _ /f /~ ''~ / D 'L Prope Owner d Pe rttee Date Page 6 of 6