Planning and Design Commission Report

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1 Planning and Design Commission Report 915 I Street, 1 st Floor Sacramento, CA File ID: May 10, 2018 Public Hearing Item 03 Higher Ground Apostolic Church (P16-027) (Noticed on File ID: Location: 796 Del Paso Boulevard, District 2, APN#: Recommendation: Conduct a public hearing and upon conclusion approve: Item A. Environmental Exemption (Per CEQA Guidelines Section Infill Development Projects); Item B. Conditional Use Permit to establish a religious assembly use within an existing 5,000 square foot commercial building on a 1.41-acre parcel in the Light Industrial (M-1-SPD) zone, within the Del Paso/Arden Way Special Planning District; and Item C. Site Plan and Design Review for the construction of a new parking lot on a 1.41-acre parcel in the Light Industrial (M-1-SPD) zone within the Del Paso/Arden Way Special Planning District Contact: Ethan Meltzer, Assistant Planner, (916) , EMeltzer@cityosacramento.org; Teresa Haenggi, Senior Planner, (916) , THaenggi@cityofsacramento.org Presenter: Ethan Meltzer, Assistant Planner, (916) , EMeltzer@cityofsacramento.org Applicant: Tina Royer, (916) , 2030 Q Street, Rio Linda, CA, Property Owner: Same as Applicant Attachments: 1-Description/Analysis 2-Background 3-Findings of Fact and Conditions of Approval 4-Project Plans 5-Project Narrative 6-Letters from the Public 7-Land Use Map City of Sacramento May 10, 2018 powered by Legistar Page 1 of 36

2 File ID: Public Hearing Item 03 Description/Analysis Issue Detail: The applicant is requesting to establish an assembly use for a religious facility in the Light Industrial (M-1-SPD) zone within the Del Paso/Arden Way Special Planning District. The proposal is to use an existing 5,000 square-foot commercial building for a religious facility and construct a new parking lot with landscaping. The facility will be used for classes and various gatherings Monday through Saturday, with attendance of roughly 25 to 40 people per event. On a typical Sunday, the religious facility will have gatherings of guests. The applicant has indicated that typical Christian events and holidays will occur occasionally, and they expect these events could include up to 100 guests. In order to establish an assembly use, a Planning and Design Commission-level Conditional Use Permit (CUP) is required. All other entitlements associated with the request, including CEQA exemption, and Site Plan and Design Review, must also receive approval from the Planning and Design Commission. Public/Neighborhood Outreach and Comments: The project was routed to several community groups including: Twin Rivers South Community Council, North Sacramento Chamber of Commerce, Woodlake Neighborhood Association, Del Paso Boulevard Partnership, Woodlake Neighbors Creating Transparency, and Preservation Sacramento. The site has been posted and all property owners within a 300-foot radius of the subject site were notified of the hearing. Staff received two letters of support and one letter of opposition from the public for the proposal. Both the Del Paso Boulevard Partnership and Woodlake Neighborhood Association submitted letters of support for the project. The Woodlake Neighbors Creating Transparency group submitted a letter of opposition to the project proposal and stated there are too many other churches currently operating in the area, that there are several other event centers currently operating in the area, and that the Mayor and Councilmember have been promoting high tech hubs and technology businesses in the area, which the association feels would be a more appropriate use for the subject site. The three letters submitted to staff can be found as Attachment 6 of the staff report. Policy Considerations: General Plan: The 2035 General Plan Update was adopted by City Council on March 3, The 2035 General Plan s goals, policies, and implementation programs define a roadmap to achieving Sacramento s vision to be the most livable city in America. The 2035 General Plan designation of the subject site is Employment Center Low Rise. This designation provides for employment generating uses that generally do not produce loud noise or noxious odor; the assembly use is consistent with this designation. Some of the goals and policies supported by this project are as follows: City of Sacramento May 10, 2018 powered by Legistar Page 2 of 36

3 File ID: Public Hearing Item 03 Goal LU 1.1 Growth and Change. Support sustainable growth and change through orderly and well-planned development that provides for the needs of existing and future residents and businesses, ensures the effective and equitable provision of public services, and make efficient use of land and infrastructure. LU Leading Infill Growth. The City shall facilitate infill development through active leadership and the strategic provision of infrastructure and services and supporting land uses. Goal LU 8.1 Public/Quasi-Public. Provide for governmental, utility, institutional, educational, cultural, religious, and social facilities and services that are located and designed to complement Sacramento s neighborhoods, centers, and corridors and to minimize incompatibility with neighborhoods and other sensitive uses. LU Adequate Community Supporting Uses. The City shall seek to ensure that all manner of public and private community-supportive facilities and services are located throughout the city to provide places that serve the varied needs of the community, provide for community meeting places, and provide community and neighborhood landmark building and places. Goal LU 8.2 Special Uses. Provide for the development of Special Uses (e.g., assembly facilities, live-work studios, and care facilities) that are included within several Land Use and Urban Form Designations. LU Assembly Facilities and Event Centers. The City shall encourage and support development throughout the city of assembly facilities for social, cultural, entertainment, sports, educational, and religious activities. Del Paso/Arden Way Special Planning District: The Del Paso/Arden Way Special Planning District was established in The Del Paso Boulevard/Arden Way SPD consists of a number of different neighborhoods that include residential uses, light industrial uses, and commercial uses. The SPD zoning regulations are intended to assist in the preservation of the economic climate in these neighborhoods through the retention of existing businesses while accommodating new development. Goal 1. Maintain and improve the character, quality, and vitality of this unique commercial neighborhood, drawing on the opportunities for an arts and entertainment orientation. Goal 2. Provide the opportunity for a balanced mixture of uses in neighborhoods adjacent to transit facilities and transportation corridors. City of Sacramento May 10, 2018 powered by Legistar Page 3 of 36

4 File ID: Public Hearing Item 03 Goal 5. Provide the opportunity for reuse and rehabilitation of heavy commercial and industrial uses to take advantage of the light rail facilities in the area, thereby reducing the number of obsolete and underutilized buildings and sites. Goal 8. Discourage outdoor storage in the SPD by limiting stored materials to those that are incidental to primary business uses in the M-1 and C-2 zones and enforcing minimum standards for outdoor storage of materials and products. By discouraging outdoor storage, the city can reverse the adverse aesthetic conditions. The proposed project supports the goals and policies cited above by developing an underdeveloped and unused lot with a use that serves the community, encourages and supports an assembly facility for social, cultural, educational, and religious activities, improves the aesthetics of the unused site by constructing a new parking lot with landscaping, adding a use that will not require outdoor storage, and is designed to complement the area and minimize impacts on surrounding existing businesses and residents. Environmental Considerations: The Community Development Department, Environmental Planning Services Division has reviewed this project and determined that it is exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 1, Section number 15332, Infill, because the site is less than five acres in size, is served by all urban services and is surrounded by urban uses. No habitat for endangered, rare or threatened species exists on the site, and the project would result in no significant effects relating to traffic, noise, air quality or water quality. The project is consistent with the general plan and zoning designations for the project site. 200-Year Flood Protection: State Law (SB 5) and Planning and Development Code chapter require that the City must make specific findings prior to approving certain entitlements for projects within a flood hazard zone. The purpose is to ensure that new development will have protection from a 200-year flood event or will achieve that protection by The project site is within a flood hazard zone and is an area covered by SAFCA s Improvements to the State Plan of Flood Control System, and specific findings related to the level of protection have been incorporated as part of this project. Even though the project site is within a flood hazard zone, the local flood management agency, SAFCA, has made adequate progress on the construction of a flood protection system that will ensure protection from a 200-year flood event or will achieve that protection by This is based on the SAFCA Urban level of flood protection plan, adequate progress baseline report, and adequate progress toward an urban level of flood protection engineer s report that were accepted by City Council Resolution No on June 21, City of Sacramento May 10, 2018 powered by Legistar Page 4 of 36

5 File ID: Public Hearing Item 03 Rationale for Recommendation: Staff recommends the Commission approve the requested entitlements based on the findings and subject to the conditions listed in Attachment 1. The proposal complies with the goals and policies in the General Plan in that it develops an unused lot with a use that serves the community, encourages and supports social, cultural, educational, and religious activities. The site is designed to complement the area and minimize impacts on existing businesses and neighbors in the area. As conditioned, the proposed project is compatible with the surrounding developments, and will not create a nuisance to the area. City of Sacramento May 10, 2018 powered by Legistar Page 5 of 36

6 Vicinity Map Page 6 of 36

7 Summary: The applicant is requesting to establish an assembly use for a religious facility within an existing 5,000 square-foot commercial building and construct a new parking lot on a 1.41-acre parcel in the Light Industrial (M-1-SPD) zone within the Del Paso/Arden Way Special Planning District. The project requires a Planning and Design Commission-level Conditional Use Permit and Site Plan and Design Review. Table 1: Project Information General Plan designation: Existing Zoning of Site: Special Planning District: Property Area: Parking District: Design Review Area: Community Plan Area: Employment Center Low Rise Light Industrial (M-1-SPD) Del Paso/Arden Way 1.41± acres Traditional North Sacramento North Sacramento Background Information: The subject site is located on the corner of Del Paso Boulevard and the Highway 160 off-ramp. The 1.41-acre site is currently developed with an existing 5,000 square-foot building constructed in Previous uses of this site include a church and an engineering contractor business. The subject site does not have any prior planning entitlement approvals. Figure 1 Looking west at Subject Site Page 7 of 36

8 Project Design: Land Use Table 2: Surrounding Uses Direction Zone Use North M-1-SPD (Light Industrial) Auto Parts Store & Auto Storage South M-1-SPD (Light Industrial) Vacant & Del Paso Blvd. East M-1-SPD (Light Industrial) Vacant, Del Paso Blvd., & Mobile Home Park West M-1-PC (Light Industrial) Train tracks, Auto Parts Store & Auto Storage The surrounding land uses include primarily industrial uses. The site will be used for religious events and gatherings on Sundays and special holidays; various classes will be held at the site throughout the week and on weekends. More detailed information about the church s proposed hours of operation and weekly gatherings can be found in Attachment 5. The western portion of the irregularly-shaped site will remain undeveloped. Development Standards The project proposal meets all development standards, including setbacks, landscaping, and paving. The applicant is not proposing any exterior modifications to the existing building. The proposed parking lot plan has been reviewed by various City Departments, providing feedback and conditions which have been incorporated into the project s plans and conditions of approval in Attachment 3. Table 3: Height, Area, and Open Space Standards Standard Required Existing Proposed Deviation? Front Setback (North) Rear Setback (South) Interior Side Setback (East) Interior Side Setback (West) None 0 feet No Change No None 15 feet No Change No None 40 feet No Change No None 140+ feet No Change No Page 8 of 36

9 Building Design, Signage, Fencing, and Landscaping The applicant is not proposing any modifications to the existing building. The applicant is also not proposing any signage at this time. All future signage will require Planning Review and a sign permit before installation. There is existing chain-link fencing surrounding the subject site. Design Review and the Police Department are both requiring that the applicant install a 6 -tall decorative tubular steel fence along the site s Del Paso Boulevard frontage for both aesthetic and security purposes. The applicant has incorporated this into their plans. The applicant provided a preliminary landscaping plan that shows a variety of plantings that will enhance the site and new parking lot. The applicant has proposed irrigated 6-foot wide planters along the proposed parking lot s Del Paso Boulevard frontage. There will also be smaller irrigated planters in between the new sidewalk and the existing building. The landscaping plan was reviewed by Urban Forestry and was determined to meet code requirements, including the City s tree shading requirement. Figure 2 Proposed Parking Lot Layout Access, Circulation, and Parking The site has one proposed driveway that provides site access from Del Paso Boulevard. The driveway will have a 24-foot decorative wrought-iron automatic sliding gate. The sliding gate has been reviewed and accepted by Public Works and the project has been conditioned to keep the gates open during normal operating hours of the religious facility. Page 9 of 36

10 Table 4: Parking Standards Type Required Proposed Deviation? Vehicles 1 space: 5 occupants of the 20 spaces No assembly area = 18 parking spaces Bicycles Long Term: 2 Short Term: 5 Long Term: 2 Short Term: 8 No The project is in the Traditional Parking District. The zoning code requires 1 space per 5 occupants in this parking district. Staff relies on the building code to establish maximum occupancy: the occupancy ratio is 1 occupant for 7 square feet. Based on the square footage of the assembly area in the existing building (619 square-feet), the approximate maximum occupancy is 88 people, therefore the vehicle parking requirement for this project is 18 spaces. The applicant is proposing 20 parking spaces which meets their minimum requirement. The bicycle parking requirement for this project is 2 long-term bicycle parking spaces and 5 short-term spaces. The required long-term bike parking will be provided within a room in the existing building and the applicant is proposing 8 short-term bike parking spaces which will be placed near the front entrance of the building. Page 10 of 36

11 Findings of Fact Attachment 1: City Planning and Design Commission Record of Decision Recommended Findings of Fact and Conditions of Approval for Higher Ground Apostolic Church (P16-027) A. Environmental Determination: Based on the determination and recommendation of the City s Environmental Planning Services Manager and the oral and documentary evidence received at the hearing on the Project, the Planning and Design Commission finds that the Project is exempt from review under the following sections of the CEQA Guidelines: Section (Infill) of the California Environmental Quality Act Guidelines as follows: 1. The project complies with all applicable policies of the General Plan, as well as with the applicable zoning regulations; 2. The proposed project occurs within City limits on a project site of no more than five (5) acres substantially surrounded by urban uses; 3. The project site has no value as habitat for endangered, rare or threatened species; 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5. The site can be adequately served by all required utilities and public services. There are no unusual circumstances that would result in a significant effect, and all cumulative effects have been evaluated in the Master EIR prepared for the 2035 General Plan. B. The Conditional Use Permit to establish a religious assembly use within an existing 5,000 square foot commercial building on a 1.41-acre parcel in the Light Industrial (M-1-SPD) zone within the Del Paso/Arden Way Special Planning District is approved based on the following Findings of Fact: 1. The proposed use and its operating characteristics are consistent with the General Plan and the Del Paso/Arden Way Special Planning District. The assembly use is consistent with the General Plan designation of Employment Center Low Rise by providing a compatible public use. The assembly use is consistent with the Del Paso/Arden Way Special Planning District by providing a balanced Page 11 of 36

12 mixture of uses in a neighborhood adjacent to transit facilities, providing the opportunity for the reuse of a heavy commercial building and site, and discouraging outdoor storage. 2. The proposed use and its operating characteristics are consistent with the applicable standards, requirements, and regulations of the zoning district in which it is located, and of all other provisions of this title and this code, in that the assembly use will meet onsite parking requirements for both vehicles and bicycles, landscaping and tree shading requirements, and fencing requirements to ensure neighborhood compatibility. 3. The proposed use is situated on a parcel that is physically suitable in terms of location, size, topography, and access, and that is adequately served by public services and utilities, in that various departments reviewed and conditioned the project to ensure the site can be served by needed utilities; and in that the landscaping, parking lot design, and access provides for proper circulation and maneuvering. 4. The proposed use and its operating characteristics will not be detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance, in that the assembly use is located on a property that is not adjacent to any sensitive uses, the site provides adequate parking for the use and parking lot improvements will ensure safe maneuvering on and off the site, and the project is conditioned to minimize any potential conflicts with adjacent neighbors, including a restriction to outdoor amplified sound. C. The Site Plan and Design Review for the construction of a new parking lot on a 1.41-acre parcel in the Light Industrial (M-1-SPD) zone within the Del Paso/Arden Way Special Planning District is approved subject to the following Findings of Fact: 1. The design, layout, and physical characteristics of the proposed development are consistent with the General Plan and the Del Paso/Arden Way Special Planning District, in that the site improvements are consistent with the Employment Center Low Rise designation and the Special Planning District development standards. 2. The design, layout, and physical characteristics of the proposed development are consistent with all applicable design guidelines and with all applicable development standards, in that the site improvements are consistent with the requirements of the M-1 zone by providing adequate site access, open space, landscaping, and parking, and is consistent with all development standards. 3. All streets and other public access ways and facilities, parking facilities, Page 12 of 36

13 and utility infrastructure are adequate to serve the proposed development and comply with all applicable design guidelines and development standards, in that new parking facilities, driveways, and adequate utility infrastructure will be provided. 4. The design, layout, and physical characteristics of the proposed development are visually and functionally compatible with the surrounding neighborhood, in that the new parking lot will be landscaped and paved and the development standards used to analyze the construction of the parking lot will be consistent with the standards used for any future development in this area. 5. The design, layout, and physical characteristics of the proposed development ensure energy consumption is minimized and use of renewable energy sources is encouraged, in that the parking lot construction will be required to adhere to building code requirements and robust landscaping will be provided, including tree shading in the parking lot area. 6. The design, layout, and physical characteristics of the proposed development are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance in that the project will construct pedestrian infrastructure in an area that is lacking pedestrian connectivity and the project will provide adequate onsite circulation and parking for visitors. D. The 200-Year Flood Protection: 1. The project site is within an area for which the local flood management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban areas for property located within a flood hazard zone, intended to be protected by the system, as demonstrated by the SAFCA Urban level of flood protection plan, adequate progress baseline report, and adequate progress toward an urban level of flood protection engineer s report accepted by City Council Resolution No on June 21, Conditions of Approval B. Conditional Use Permit to establish a religious assembly use within an existing 5,000 square foot commercial building on a 1.41-acre parcel in the Light Industrial (M-1-SPD) zone within the Del Paso/Arden Way Special Planning District is approved subject to the following conditions of approval: Page 13 of 36

14 Planning B1. Development of this site shall be in compliance with the attached exhibits, except as conditioned. Any modifications to the project shall be subject to additional Planning review and may require subsequent entitlements prior to issuance of building permits. B2. The applicant shall obtain all necessary building permits and encroachment permits prior to commencing construction. B3. A minimum of 18 parking spaces shall be provided on the subject site. B4. The assembly use is required to provide two (2) long-term bicycle parking facilities and (5) short-term bicycle parking spaces. The location of the bicycle parking facilities is to be reviewed and approved by staff prior to submittal of building plans. B5. The Higher Ground Apostolic Church shall not have a main assembly area larger than 619 square-feet. If the applicant wishes to expand the assembly area, further Planning review and approval may be required. B6. The assembly use shall be conducted consistent with the following Good Neighbor conditions: a) Establish a process for neighbors to communicate directly with the management staff of the facility should there be any problems or issues; b) Establish a policy to provide information to neighbors surrounding the site regarding special events, operating dates and times that could impact parking; and c) Provide t h e n a m e o f an emergency contact person and onsite p h o n e number, in a clearly identified place, visible from the exterior of the building. B7. No amplified sound shall be used outside the buildings. B8. Any proposed signage requires a sign permit and is subject to site plan and design review approval. Public Works B9. All new and existing driveways shall be designed and constructed to City Standards to the satisfaction of the Department of Public Works. B10. Gates on entrance driveways shall be mechanical and equipped with a remote-control opener and shall remain open during operating hours of Page 14 of 36

15 business. The gate shall be designed so that no portion of the gate shall encroach into the public right-of-way. B11. The applicant shall apply for and obtain a revocable encroachment permit for any portion of the pedestrian walkway adjacent to the existing building that will be located within the public right-of-way to the satisfaction of the Department of Public Works. Police B12. The design and construction of any proposed sidewalks/pedestrian pathway within the public right-of-way shall be per City standards to the satisfaction of the Department of Public Works. B13. The site plan shall conform to the parking requirements set forth in City Code (Development standards for off-street parking facilities, Zoning Ordinance). B14. The design of walls fences and signage near intersections and driveways shall allow stopping sight distance per Caltrans standards and comply with City Code Section (25' sight triangle). Walls shall be set back 3' behind the sight line needed for stopping sight distance to allow sufficient room for pilasters. Landscaping in the area required for adequate stopping sight distance shall be limited 3.5' in height at maturity. The area of exclusion shall be determined by the Department of Public Works. B15. Exterior lighting shall be white light using LED lamps with full cutoff fixtures to limit glare and light trespass. Color temperature shall be between 2700K and 4100K with a color rendering index of 75 or better and a light loss factor of.95 or better. B16. Light poles shall be no higher than 16. B17. Broken or damaged exterior lighting shall be repaired or replaced within 48 hours of being noted. B18. Entry drives, drive aisles, parking and bicycle parking shall be illuminated to a maintained minimum of 1.5 foot candles per square foot of parking area at a 6:1 average to minimum ratio. B19. Exterior walkways, alcoves and passageways shall be illuminated to a maintained minimum of 1/3 foot candles per square foot of surface area at a 6:1 average to minimum ratio. B20. Exterior lighting distribution and fixtures shall be approved by the Sacramento Police Department CPTED Sergeant (or designee) prior to issuance of a Page 15 of 36

16 SMUD building permit. B21. Exterior lighting shall be designed in coordination with the landscaping plan to minimize interference between the light standards and required illumination and the landscape trees and required shading. B22. Exterior lighting shall be shielded or otherwise designed to avoid spill-over illumination to adjacent streets and properties. B23. All mature landscaping shall follow the two-foot, six-foot rule. All landscaping shall be ground cover, two feet or less and lower tree canopies of mature trees shall be above six feet. This increases natural surveillance and eliminates hiding areas within the landscape. B24. Tree canopies shall not interfere with or block lighting. This creates shadows and areas of concealment. The landscaping plan shall allow for proper illumination and visibility regarding lighting and surveillance cameras through the maturity of trees and shrubs. B25. Fences shall be of transparent construction. New fences shall be of decorative tubular steel, no climb type. B26. The applicant is responsible for reasonably controlling the conduct of persons on the site and shall immediately disperse loiterers. B27. All dumpsters shall be kept locked or in locked enclosures. B28. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over with matching paint within 72 hours of being applied. B29. The operator shall be responsible for the daily removal of all litter from the site. B30. Applicant shall install a Knox Box for police access to the exterior areas of the property after hours. B31. SMUD has existing 12kV facilities along Del Paso Boulevard on the north western property boundary, these facilities will need to remain in order to maintain existing services not part of the development. The Applicant shall be responsible for maintaining all CalOSHA and State of California Public Utilities Commission General Order No. 95 safety clearances during construction and upon building completion. If the required clearances cannot be maintained, the Applicant shall be responsible for the cost of Page 16 of 36

17 Fire relocation. B32. In the event the Applicant requires the relocation or removal of existing SMUD facilities on or adjacent to the subject property, the Applicant shall coordinate with SMUD. The Applicant shall be responsible for the cost of relocation or removal. B33. SMUD reserves the right to use any portion of its easements on or adjacent to the subject property that it reasonably needs and shall not be responsible for any damages to the developed property within said easement that unreasonably interferes with those needs. B34. The Applicant shall not place any building foundations within 5-feet of any SMUD trench to maintain adequate trench integrity. The Applicant shall verify specific clearance requirements for other utilities (e.g., Gas, Telephone, etc.). B35. In the event the City requires an Irrevocable Offer of Dedication (IOD) for future roadway improvements, the Applicant shall dedicate a foot public utility easement (PUE) for overhead and/or underground facilities and appurtenances adjacent to the City s IOD. B36. The Applicant shall comply with SMUD siting requirements (e.g., panel size/location, clearances from SMUD equipment, transformer location, service conductors). Information regarding SMUD siting requirements can be found at: Solutions-and- Rebates/Design-and-Construction-Services. B40. Any modifications to the facility must be done under permit by way of plan review for compliance to the Fire and Building Codes. B41. Obtain a Fire Clearance by requesting a fire and life safety inspection from the Sacramento City Fire Prevention Division. B42. Obtain any required operational permits from the Sacramento City Fire Prevention Division. C. Site Plan and Design Review for the construction of a new parking lot on a 1.41-acre parcel in the Light Industrial (M-1-SPD) zone within the Del Paso/Arden Way Special Planning District is approved subject to the following conditions of approval: Page 17 of 36

18 Planning C1. The buildings shall be sited as indicated in the report and attached plans. C2. Auto access and site layout shall be as indicated in the report and attached plans. C3. The project shall include landscaping elements as indicated on the reports and exhibits. Automatic irrigation shall be provided for all planting and landscaping. Final landscape plans and details shall be reviewed and approved by Design Review staff prior to Building Permit submittal. C4. Trees shall be planted and maintained throughout surface parking lots to ensure that, within fifteen (15) years after establishment of the parking lot, at least fifty (50) percent of the parking area will be shaded. C5. The minimum width of the landscape planter at the perimeter of the site, excluding curbing, shall be six feet, measured from the property line. C6. Walls and fencing shall be provided as indicated in the attached plans and as conditioned. C7. Decorative wrought iron fencing and gates shall be installed, per the approved plans. C8. Building permits shall not be issued until the expiration of the 10-day appeal period. Utilities C9. The onsite water, sewer and storm drain systems shall be private systems maintained by the property owner. C10. Per City Code, the applicant may not develop the project in any way that obstructs, impedes, or interferes with the natural flow of existing off-site drainage that crosses the property. The project shall construct the required public and/or private infrastructure to handle off-site runoff to the satisfaction of the Department of Utilities (DOU). If private infrastructure is constructed to handle off-site runoff, the applicant shall dedicate the required private easements, and/or, at the discretion of the DOU, the applicant shall enter into and record an Agreement for Maintenance of Drainage with the City, in a form acceptable to the City Attorney. C11. No more than 6,000 square feet is allowed to sheet drain over a public sidewalk. If the area is larger than 6,000 square feet, then an on-site surface drainage system is required and shall be connected to the street drainage system by means of a storm drain service tap or as otherwise Page 18 of 36

19 approved by the DOU. All on-site systems shall be designed to the standard specified in the DOU onsite manual. C12. A grading plan showing existing and proposed elevations is required. Adjacent off-site topography shall also be shown to the extent necessary to determine impacts to existing surface drainage paths. No grading shall occur until the grading plan has been reviewed and approved by the DOU. C13. The applicant must comply with the City of Sacramento's Grading, Erosion and Sediment Control Ordinance. This ordinance requires the applicant to show erosion and sediment control methods on the construction drawings. These plans shall also show the methods to control urban runoff pollution from the project site during construction. C14. The project will disturb less than one acre of land, therefore only source control measures are required. Improvement plans must include the source controls measures selected for the site. Refer to Stormwater Quality Design Manual for the Sacramento and South Placer Regions (May 2007) Chapter 4 for appropriate source control measures. Urban Forestry C15. The Sacramento Tree Protection Requirements shall appear on all future plans for this project. C16. Tree protection measures for this project should include, among other things, a six-inch deep layer of wood chips in the tree protection zone (TPZ) of protected trees to reduce the impact of construction traffic and tree protection fencing around the TPZ with the exception of areas to be surfaced for parking. C17. Any excavation within the TPZ shall be done under the direct supervision of an ISA Certified Arborist. C18. There shall be no pruning of roots or limbs greater than two inches in diameter without the approval of an ISA Certified Arborist. C19. Add one large canopy shade tree adjacent to parking space #3. This addition will satisfy the parking lot shade requirements. Regional Sanitation C20. Developing this property may require the payment of Regional San sewer impact fees. Regional San sewer impact fees shall be paid prior to the issuance of building permits. For questions pertaining to Regional San sewer impact fees, please contact the Sewer Fee Quote Desk at (916) Page 19 of 36

20 Fire C21. Provide appropriate Knox access for site. CFC Section 506. C22. An automatic fire sprinkler system shall be installed in any portion of a building where a change of use has occurred that creates a greater fire or life safety hazard and when the floor area of the building exceeds 3,599 square feet. CFC Fire Code Amendments (4). C23. An approved fire control room shall be provided for all buildings protected by an automatic fire extinguishing system. The room shall contain all system control valves, fire alarm control panels and other fire equipment required by the Fire Code Official. Fire Control rooms shall be located within the building at a location approved by the Fire Code Official, and shall be provided with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the fire control room. Fire Control rooms shall not be less than 50 square feet. CFC Amendments Advisory Notes ADV.1 ADV.2 ADV.3 ADV.4 Any necessary future SMUD facilities located on the Applicant s property shall require a dedicated SMUD easement. This will be determined prior to SMUD performing work on the Applicant s property. The City of Sacramento (City) is responsible for providing local sewer service to the proposed project site via their local sanitary sewer collection system. Regional San is responsible for the conveyance of wastewater from the City's collection system to the Sacramento Regional Wastewater Treatment Plant (SRWTP). The City has no sewer service record for this parcel. The property may be served with a septic system. Connections to the City s sewer system will require the applicant to properly abandon the septic system under permit from the County Environmental Health Division and provide a sewer main extension to the property. (The closest City sewer main is an existing 8 main located approximately midway of Railroad Drive.). There is an existing 30-inch City water transmission main running adjacent to the southeast property line of the subject project. No connections are allowed to the existing water transmission main. Page 20 of 36

21 ADV.5 ADV.6 ADV.7 The applicant is responsible for obtaining all necessary permits, easements, and approvals from federal, state, and local agencies for the construction of this project. The proposed project is located in a Shaded Zone X on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs). Accordingly, the project site lies in an area with no requirements to elevate or flood proof. Prior to issuance of a Building Permit, payment of a Park Development Impact Fee (PIF) shall be required. The Park Development Impact Fee due for this project is estimated at $1,200 based on a 5,000 square foot building and the commercial services rate of $0.42 per square foot. This estimate includes a fee offset of $900 (based on the same size building and the industrial rate of $0.18 per square foot) for the previous industrial use. Any change in these factors will change the amount of the PIF due. The fee is calculated using factors at the time that the project is submitted for building permit. The fee is increased annually to keep pace with inflation; the fee will be adjusted 3.5% on July 1, Page 21 of 36

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27 Higher Ground Page 1 of 6 NARRATIVE FOR CONDITIONAL USE PERMIT APPLICATION HIGHER GROUND APOSTOLIC CHURCH 796 DEL PASO BOULEVARD Introduction This narrative is to serve as supplementary information related to the CUP application submitted to conduct church services at 796 Del Paso Boulevard, Sacramento, CA The applicant is Higher Ground Apostolic Church. Nathaniel and Tina Royer are the representatives for Higher Ground Apostolic Church concerning this application. Summary of project Higher Ground Apostolic Church is proposing to utilize the above property for church related activities to include but not limited to Sunday worship services, including children s programming, junior high and high school programs as related to religious activities. Higher Ground intends to use the building as a family church and envisions hosting special events including weddings, holiday celebrations, and small group meetings. History Nathaniel and Tina Royer purchased the property in 2014, and at that time it was already being used as a church. Higher Ground commenced services alongside the other church, Jubilee Training Center, for several months. In 2015, Higher Ground was notified that the proper use permits had not been obtained by the previous church, and Higher Ground immediately began raising funds and obtaining plans in preparation for conditional use permit application. Our initial plans called for parking in front of the building, but the City denied those plans since part of the parking lot would fall on City property. As such, we have spent several months working with our engineer, the City, and the Del Paso Blvd. Partnership coming up with a design that is amenable to all. Church Operation Details As requested, following are answers to questions posed by the City: Normal schedule of services: Sunday school 4-5pm Page 27 of 36

28 Higher Ground Page 2 of 6 Main service 5-8pm Tuesday Bible study 6-8pm Thursday Celebrate Recovery 6:30-8:30pm Other days for special sessions and classes including (but not limited to): Financial Peace University Saturday 6:30-8:30pm Women s prayer one Friday per month Men s Bible study and prayer one Saturday per month Leadership classes two evenings per month (Questions from City Underlined below) Will there be classes held at the church? PLEASE SEE ABOVE What times? PLEASE SEE ABOVE How many expected attendees? For special classes, current attendance ranges from What are the normal operating hours of the church? On Monday-Friday? Weekdays, the church is currently not operating during normal business hours. We are what s called a church plant or home missions church, which means that we are in the process of building and growing a congregation that will eventually be open during such hours. On weekends? Saturdays vary depending on the class (see sessions and classes above) How many employees or members are expected to be working at the church at any given day and time? The church currently has no employees. How many members are in your church? Current membership is 30 adults What is your expected turn-out for a typical Sunday gathering? Typical Sunday gatherings are between people currently. Are there any large holidays or events that will be hosted at this site? If so please Page 28 of 36

29 Higher Ground Page 3 of 6 try to provide a rough calendar of events as well as a rough expected number of attendees for each event. Higher Ground is a Christian church, so most all Christian holidays, as would be expected, will be honored or celebrated in some way. In recent years, we ve had Easter egg hunts and bounce houses on the Saturday before Easter, and we ve had Christmas programs on the Sunday before Christmas, or on Christmas Eve, depending on the day of the week. In addition, we host a Thanksgiving dinner for our congregants, typically on the Tuesday before thanksgiving. In addition to religious holidays, we ve done 4 th of July, Memorial Day, and Labor Day celebrations over the past few years. These events, weather permitting, include bbq, cotton candy and sno-cones, and bounce houses. 4 th of July also has included a small (legal) fireworks show for the children. Because these events are ones we invite friends and family to, it s difficult to gauge expected attendance, but in the past, we ve had anywhere from people at these events. In addition to holiday events, it s possible we would host sectional meetings including prayer meetings and fellowship meetings. For these events, it s possible there may be 90 people present. Finally, because this is a church, it s likely that we will host weddings, celebrations of life, baby dedications. In short, Higher Ground plans to host events that normal churches host. Sacramento Municipal Code Compliance Following is a brief narrative addressing specific code sections: A. The proposed use is listed as a conditional use in the underlying zoning district or has been interpreted to be similar in use to other listed conditional uses. The property is zoned M-1, light industrial. Pursuant to The Planning and Development Code of the City of Sacramento ( ,) religious assembly use is permitted in this zoning, but requires the conditional use permit. Page 29 of 36

30 Higher Ground Page 4 of 6 The Planning and Development Code of the City of Sacramento ( ) uses the following to define a church: church or faith congregation means a structure or place used primarily for religious worship and related religious activities Higher Ground can also be considered an assembly. Based on , assembly cultural, religious, social means a meeting place at which the public or membership groups are assembled regularly or occasionally, including churches or faith congregations, auditoriums, stadiums, and similar places of assembly. By definition, Higher Ground Apostolic Church is a church. Additional codes or zoning that may impact the proposed church use for the property are noted in the Del Paso Boulevard SPD. Based on of the SPD, The SPD zoning regulations are intended to assist in the preservation of the economic climate in these neighborhoods through the retention of existing businesses while accommodating new development. The SPD also requires that it provide the opportunity for a balanced mixture of uses in neighborhoods adjacent to transit facilities and transportation corridors; and that it Maintain the neighborhood stability of existing commercial neighborhoods while allowing existing nonconforming uses to continue to serve the community needs in this area. Accommodating Higher Ground will ensure a balanced mixture of uses and serve the community needs of the area. B. The characteristics of the site are suitable for the proposed use considering the size, shape, location, topography, and natural features. The size and shape of the existing 5,000 square foot building and its land is ideal for use as a church. Most church activities will take place on off hours, during times when the adjacent business is closed or in off-peak times. Additionally, this property is at the western-most edge of the Del Paso neighborhood, located across from an auto dismantler on one side and the freeway onramp on another. The only other nearby neighbors are a senior mobile home park. Finally, this property is located near the Globe light rail station, which would allow Page 30 of 36

31 Higher Ground Page 5 of 6 congregants to use public transportation to arrive at church. Given the property s proximity to the American River Parkway Bike Trail, we have installed a 10-bike bicycle rack for parishioners who choose to bike to church. For these reasons, the impact of church usage would be minimal at this site. The existing building was used as a church, albeit without proper approval, when the present owners purchased it. It has been used in this capacity for appx. 5 years with minimal disruption to any nearby neighbors. C. The proposed use will not alter the character of the surrounding area in a manner which substantially limits, precludes, or impairs the use of the surrounding properties for the primary uses listed in the underlying zoning district. Granting a conditional use permit and allowing Higher Ground Apostolic Church to conduct church-related activities would likely enhance the use of surrounding properties. Congregants have frequented Little Caesars, Son of a Bean, Lil Joe s, and Sammy s in recent months. In addition, church members have shopped at Walgreens and the auto parts store places they would not have made purchases had they not been on their way to or from the proposed church location. D. The proposed use will not result in the use of land for any purpose which may create or cause to be created any public nuisance including, but not limited to, air, land, or water degradation, noise, glare, heat, vibration, or other consideration which may be injurious to the public health, safety, and welfare. Nothing conducted at any Higher Ground Apostolic Church related services, past, present, or future would be considered injurious to the public health, safety, or welfare. E. The proposed use will be reasonably compatible with existing or planned neighborhood uses based on review of the following: 1. Basic site design the basic design of the site is complete and had previously been reviewed and deemed appropriate. 2. Architectural and Visual elements (scale, structural design and form, materials, and so forth) except for exterior signs, no change of scale, structural design, form, or materials are planned. Page 31 of 36

32 Higher Ground Page 6 of 6 3. Noise there may be some ambient noise outside of the building related to singing and children, but nothing that would be unreasonable or out of the norm, and certainly within city codes for acceptable decibel levels. 4. Lighting the parking lot will be adequately illuminated. The building also currently has outdoor illumination. No other external lighting is planned. 5. Signage after approval is granted for conditional use, an external sign will be attached to the building in compliance with code. Conclusion We respectfully request approval of the conditional use permit based upon the facts presented herein. Higher Ground Apostolic Church will not only enhance what has been an eyesore for several years, but will help local businesses and serve the greater Old North Sacramento community. Page 32 of 36

33 March 26, 2018 Ethan Meltzer, Assistant Planner City of Sacramento Community Development 300 Richards Boulevard, 3 rd Floor Sacramento, CA Via - emeltzer@cityofsacramento.org RE: Higher Ground Apostolic Church 796 Del Paso Boulevard Dear Mr. Meltzer: On behalf of the Del Paso Boulevard Partnership and its Board of Directors, we are pleased to support the proposed Higher Ground Apostolic Church at 796 Del Paso Boulevard, in North Sacramento. A three member committee of the Partnership thoroughly reviewed the Church's plans and proposal and recommended support to the full Board. We appreciate Nate and Tina Royer's effort to reach out to the community around the project, to Councilmember Warren and his staff, and to the Partnership. As the Conditional Use Permit winds through the City's process, please let me know if the Partnership can be of any help or support for the Higher Ground Apostolic Church. Thank you for your effort, please feel free to give me a call if you have any questions. Best Regards, David W. Plag DAVID W. PLAG Executive Director Del Paso Boulevard Partnership Del Paso Boulevard Partnership 1219 Del Paso Boulevard * Sacramento, CA / * delpasoboulevard.com Page 33 of 36

34 Woodlake Neighborhood Association PO Box Sacramento, California City of Sacramento Community Development Department Ethan Meltzer - Assistant Planner 300 Richard Blvd, 3 rd Floor Sacramento, CA Submitted via January 31, 2018 Re: P Project Routing for Higher Ground Apostolic Church Dear Mr. Meltzer: I am writing to support the application for a Conditional Use Permit and parking lot at 796 Del Paso Boulevard. Nate Royer, the pastor of Higher Ground Apostolic Church, came to a Woodlake Neighborhood Association meeting to share his vision for the church and his plan for the property. This property is in a unique location and I believe that the proposed plans by Higher Ground Apostolic Church will greatly improve the look of a previously blighted area. Thank you. Sincerely, Larry Glover-Meade President, Woodlake Neighborhood Association Page 34 of 36

35 Ethan Meltzer, Junior Planner City of Sacramento Woodlake Neighbors Creating Transparency (WNCT) P.O. Box Sacramento CA May 23, 2016 TRANSMITTED VIA RE: Opposing Higher Ground Apostolic Church (P16-027) Dear Planning Commissioners, Woodlake Neighbors Creating Transparency (WNCT) opposes the application of the Higher Ground Church for a Conditional Use Permit to operate as one more religious facility in an area filled with religious facilities and other non-profit entities. The applicant states that they would operate in an existing commercial building in a Light Industrial Zone. Two members of our Board of Directors met with the applicant Ms. Royer, and she offered to persuade us by stating that the church has been operating on site for a year with no complaints, and she and her husband might expand the existing building to serve as an event center. Our research identified 18 other churches within the zip code, while the General Plan for North Sacramento promotes retail and commercial as well as industrial business development in available vacant business spaces. To Ms. Royer s proposal to add an event center to her property, we advise that we count four event centers available for rent: The Rink, the Masonic Hall, Gallery 2110, and Artspace 1616, to name a few. Further, the Mayor and Councilman Warren are promoting high tech hubs and related technology business development in North Sacramento that would create jobs and add to the tax base of the city. Former Councilwoman Sheedy strongly opposed the location of more churches in District 2. For the above reasons, our organization opposes granting the applicants a Conditional Use Permit to operate as one more church in an over-churched area of Sacramento. Please do not hesitate to contact us for more information. Yours Truly, Jane Macaulay, President rhmacaulay@aol.com Page 35 of 36