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Public Hearing to consider Amendment No. 1 of Use Permit U-97-13 to authorize the construction of a new 15,060 square foot religious temple to accommodate up to 600 persons per weekly service. The project also includes new and expanded facilities to accommodate the increased demand for parking, vehicle access, septic capacity, storm water retention, and fire suppression. The project is located at 2948 Rockville Road, 1/4 mile west of the City of Fairfield, within the Suisun Valley Agriculture "A-SV-20" Zoning District; APN 0150-260-040. Staff Recommendation; Approval
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DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Planning Commission conduct a public hearing and approve the Resolution to authorize the construction and use of the proposed religious facility expansion which primarily includes a new 15,060 square foot temple to accommodate up to 600 persons per weekly service (Draft Resolution, Attachment A).
SUMMARY:
The Guru Nanak Sikh Temple is requesting approval of the subject use permit amendment application to enhance and expand upon the existing religious facility to accommodate the needs of their growing congregation. The following actions are necessary in order to authorize the expansion of the existing religious facility:
• Board of Supervisors approval of Zone Text Amendment ZT-17-03 to modify Chapter 28 of the Solano County Code relating to legal, nonconforming churches within the Suisun Valley “A-SV-20” and “ATC” Zoning Districts;
• Board of Supervisors action to amend or supersede the existing Easement Deed and Agreement which limits development potential and use intensity of the subject site;
• Granting of Use Permit Amendment U-97-13-AM1 to authorize the project.
FINANCIAL IMPACT:
The costs associated with filing the Use Permit Amendment and subsequent environmental review have been paid to the Department of Resource Management by the applicant.
DISCUSSION:
Background
The Guru Nanak Sikh Temple is subject to the terms and conditions of an approved use permit (U-97-13) granted February 2, 1999 (Use Permit U-97-13 and Board of Supervisors Resolution 99-34, Attachment B).
In March 2001, through Ordinance No. 1604, the Board of Supervisors amended Chapter 28 of the Solano County Code (Zoning Regulations) to preclude the establishment of new churches in the Exclusive Agricultural zoning districts in order to prevent the conversion of agricultural properties to non-agricultural uses that have the potential to draw large assemblages of people.
Churches lawfully established within Exclusive Agricultural zoning districts prior to the enactment of Ordinance No. 1604 became legal nonconforming land uses, and could continue to operate but could not expand in size or intensity of use.
In February 2011, through Ordinance No. 2011-1717, the Board of Supervisors established new zoning districts and enacted new zoning regulations for the Suisun Valley area. The Guru Nanak Sikh Temple property was rezoned Suisun Valley Agriculture “A-SV-20” at that time and the land use on-site remained lawfully established yet nonconforming with respect to current zoning regulations.
On February 21, 2019 the Planning Commission took action to amend the zoning regulations to allow nonconforming churches within the A-SV-20 or ATC zoning districts, legally established prior to February 21, 2019, and subject to an approved use permit, the ability to be enlarged or expanded, provided that any such enlargement or expansion complies with the development standards in section 28.73.30(B)(1), is contained entirely within the parcel originally approved for the use, would not adversely impact agricultural operations on nearby properties, and is approved as an amendment to the use permit. That ordinance has yet to become effective and is pending approval by the Board of Supervisors.
As part of the previously approved use permit, the property owner also entered into an Easement Deed and Agreement with the County of Solano which restricts various aspects of the land uses on-site (Easement Deed and Agreement, Attachment C). The Easement over the property restricts: (1) the total floor area of the religious worship facilities on the property is limited to no more than 6,000 square feet, (2) the total number of persons who may congregate at the religious worship facilities on the property at any one time shall be limited to no more than 200; and (3) 5.16 acres of the property shall be used only for agricultural or open space uses. This Easement Deed and Agreement will need to be amended or rescinded by the Solano County Board of Supervisors to accommodate the increased visitor capacity, expanded developed footprint, and the reduction of the agricultural or open space use on the property.
Setting
The project site is a 7.78 acre parcel located ¼ mile west of the City of Fairfield. The property is situated within a predominantly agricultural setting identified as the Suisun Valley Agricultural Region by the Solano County General Plan. The subject site, however, is surrounded by a variety of land uses. The site is bordered to the north by a newly planted orchard; to the east by a restaurant and commercial service uses; to the south by a recreational pathway and Interstate 80; and to the west by a residence and corporation yard. The parcel has frontage along Rockville Road which provides access to the property. Moving north and west away from the project the landscape is dominated by tree, vine, and row crop production. Conversely, moving east and south towards the City of Fairfield land uses become predominantly residential and commercial in nature (Vicinity Map, Attachment D).
The parcel is developed with a religious facility along with ancillary structures and uses. Development on site is generally contained on the southern half of the lot and consists primarily of a 6,000 square foot temple which includes a prayer hall, kitchen, dining, library, and restrooms. West of the temple, the lot is developed with a 3,500 sq. ft. residence, a 2,160 modular classroom unit, water tank, and basketball court. Development east of the temple consists of a 3,000 sq. ft. storage structure, covered stage, storage container and shed. Paved and striped parking is located to the south of the structures. The entire site is relatively flat with vegetation consisting primarily of cypress trees lining the perimeter of the lot.
Project Description
The primary component of the project involves construction of a new 15,060 square foot temple located near the southwest corner of the property. This structure includes a 9,000 sq. ft. prayer hall, lobby, restrooms, storage, and utility rooms. The proposal would accommodate an increase from 200 to 600 persons per Sunday service. The two story structure measures 35 feet in height; however domes and spires would reach a height of 58 feet above ground level.
Peak use of the site would occur on Sunday morning through early Sunday afternoon. A majority of the visitors would arrive between 10 - 10:30 a.m. and depart between 12:30 - 1:30 p.m. Congregants gather and socialize both before and after the service, thus there is no set arrival or departure times. At the peak hour, a maximum of 600 persons would occupy the proposed worship area. During services an additional 10 persons would prepare meals within the existing kitchen in the former temple building. Snacks and tea are prepared and served within the kitchen and dining areas normally from 10:00 a.m. to 11:30 a.m. Lunch meals are typically served from 11:30 a.m. to 1:00 p.m.
The project involves up to three (3) large events per year with an anticipated attendance of up to 1,000 persons per event. These events would occur on Sundays with guest arrival and departure times similar to regular services. Smaller gatherings would also occur on Wednesdays of up to 50 persons.
In addition to the new temple, the project includes new and expanded facilities to accommodate the increased demand for parking, vehicle access, septic capacity, storm water retention, and irrigation water (Development Plans, Attachment E).
Parking
The proposal involves an expansion and redesign of the existing paved parking area. New parking areas would be located in the northwest and southeast corners of the lot and would increase the total number of parking spaces from 104 to 247. In addition, the project designates an area within the undeveloped field as special occasion overflow parking.
Solano County Code Chapter 28 Zoning Regulations, Section 28.94 Parking Requirements, requires one parking space per four seats for public assembly type land uses, which includes religious facilities. Therefore, with a maximum occupancy of 600 persons per Sunday service and 10 persons performing meal preparation, the project is required to provide a minimum 153 parking spaces on-site. The proposed 247 parking spaces is sufficient to accommodate the increased demand.
Access/Circulation
The project proposes a new driveway located approximately 400 feet east of the existing driveway along Rockville Road. The new driveway would serve outbound traffic or “exit” only while the existing driveway will be converted to serve inbound “enter” traffic only. Both entrance and exit roadways would maintain a minimum paved width of 26 feet.
Domestic Water
The existing temple and residence are supplied potable water from the City of Fairfield through an Out of Area Water Service Agreement (Out of Area Water Service Agreement, Attachment F) between the City and the property owner. The Agreement guarantees the City of Fairfield to serve demands through the connection up to 2,500 gallons for any 24-hour period and 50,000 gallons for any month.
The applicant has supplied a Water Usage Analysis Report (Water Usage Analysis Report, Attachment G) which estimates current and future water usage during peak 24-hour period (Sundays), peak 24-hour period (Wednesdays) and during non-event days. The Report states that the primary consumption of water resulting from the project will be from the increased visitors utilizing the proposed temple, the existing residence, and the kitchen/dining facilities. The Report concludes that the only noticeable difference in daily water consumption will be from peak Sunday visitation based on a maximum of 600 persons per Sunday service. Any special events anticipated to host more than 600 visitors would require that portable sanitation and hand wash facilities be provided, as well as catered and or potluck style meals.
In summary, the anticipated water usage for the proposed temple expansion and increased visitation is estimated to be approximately 3,800 gallons on a peak Sunday and on average approximately 26,000 gallons per month.
Wastewater
The project proposes a new onsite wastewater treatment system to serve the existing and proposed uses on the property. The system has a peak design capacity to accommodate a maximum occupancy scenario of 600 visitors per Sunday services. Wastewater would be collected in adequately sized septic tanks for primary treatment (including a new grease interceptor tank) and pumped to an Orenco Systems pre-treatment device for advanced secondary treatment. Using an equalization tank to accommodate peak Sunday wastewater flows, treated wastewater would then be evenly timer-dosed to a Subsurface Drip Dispersal Field throughout the week. Soil testing has been completed and suitable areas for primary and reserve leach fields have been identified within the open field northeast of existing development onsite.
Storm water retention
The construction of the proposed temple, additional parking, and driveways would increase the square footage of impervious surfaces on-site where vacant land previously existed. This increase could ultimately alter drainage patterns or the rate or amount of surface runoff at the project site or within the immediate vicinity. The project proposes to construct and maintain a storm water retention basin near the northern parcel boundary, parallel to the lot frontage along Rockville Road. The retention basin measures approximately 80’ by 280’ and would be developed with a 0.66 acre foot capacity. This element of the project would retain storm water on the property and restrict off-site runoff.
Irrigation Water
Since filing the use permit, the applicant has drilled a new water well onsite. The intended use of the well is for landscape irrigation. Deconstruction of the previously contaminated water well has also occurred.
Guru Nanak Sikh Temple Academy
A 2,160 square foot modular unit has been added to the site and is being utilized as the Guru Nanak Sikh Temple Academy. The applicant has indicated that the classrooms would function as an ancillary use to the temple. The classrooms would be and are being utilized during Sunday service (between 10a - 2p).
Existing Development
Existing development would remain on-site as part of the proposed expansion project. The existing 6,000 square foot temple would continue to be utilized for public assembly, meal preparation and dining purposes. An existing U occupancy storage building, previously used as a dining hall, would once again be utilized solely for storage. The existing residence would remain on-site; however, a portion of the attached garage would be demolished to provide adequate emergency vehicle access between the home and the proposed temple. A cargo container and two unenclosed covered stages near the storage barn would remain. The applicant has stated that outdoor activities within the open field would no longer take place due to the increased capacity of the new temple and project.
General Plan and Zoning Consistency
The subject site is designated Agriculture by the Solano County General Plan. Table LU-5 of the General Plan provides a description and intent of the Agricultural designation:
The (Agricultural Designation) provides areas for the practice of agriculture as the primary use, including areas that contribute significantly to the local agricultural economy, and allows for secondary uses that support the economic viability of agriculture. Agricultural land use designations protect these areas from intrusion by nonagricultural uses and other uses that do not directly support the economic viability of agriculture.
Further the General Plan identifies ten Agricultural Regions throughout the County, with the subject site located within the Suisun Valley Agricultural Region. Table AG-3 of the General Plan highlights the unique characteristics of each region and summarizes desired land uses.
The (Suisun Valley) provides for agricultural production, agricultural processing facilities, facilities to support the sale of produce, and tourist services that are ancillary to agricultural production.
The subject site is zoned Suisun Valley Agriculture “A-SV-20” consistent with the General Plan designation. Section 28.23 of the County Zoning Ordinance provides a table of allowed uses and permit requirements applicable to this zoning district. As seen on Table 28.23A, a religious facility (or church identified as a listed land use in other zoning districts) is not listed as an allowed or conditionally allowed land use and is therefore not permissible under current A-SV-20 Zoning District regulations.
On February 2, 1999 the Solano County Board of Supervisors granted approval of the Guru Nanak Sikh Temple facility based on mandatory and suggested findings along with various conditions of approval. At that time a finding was made that the subject site was not suitable for agricultural use because of its location, size, and development on-site. The parcel’s proximity to high volume traffic, the presence of mixed nonconforming uses located adjacent or nearby to the property, the wedge-shaped formation of the 5.2 acres not occupied by existing buildings, and the location of the existing buildings rendered the property inappropriate for agricultural use. At the time of approval the subject site was zoned Exclusive Agriculture “A” and the church land use was conditionally allowed within that district.
Since granting of the use permit, the property has been rezoned Suisun Valley Agriculture “A-SV-20”. In addition, the church land use has been removed from all Agricultural Zoning Districts, therefore the existing land use is considered nonconforming with regards to current Zoning Regulations. Section 28.114 of the County Zoning Regulations addresses the purpose, intent, and continuance of existing nonconforming uses.
The purpose of the nonconforming section is to establish uniform provisions for the regulation of nonconforming structures, and uses of land that were legally established before the amendment, of the Zoning Code, or previously adopted County ordinances, but which would be prohibited, regulated, or restricted differently under the current provisions of the Code or future amendments.
The intent of the nonconforming section is to:
1. Discourage the long-term continuance of any nonconformities, providing for their eventual elimination, but to permit them to exist under the limited conditions outlined in Section 28.114.
2. Prevent nonconforming uses and structures from being enlarged, expanded, or extended, or being used as justification for adding other structures or uses that are prohibited by the provisions of the Zoning Code applicable to the zoning district in which the nonconformity is located.
The subject site is developed with an existing religious facility therefore no new land use would be introduced to the site; however, the project would perpetuate the existing nonconforming land use through the construction of the new temple. Construction of the new parking areas, access and circulations, replacement wastewater system, storm water retention basin, and new classroom structure would constitute an expansion and intensification of the existing religious facility’s current nonconforming status. The proposed development and expansion of the religious facility would not be consistent with the existing Zoning Ordinance nonconforming land use regulations therefore, the project requires an amendment to the Solano County Zoning Regulations (Chapter 28) to allow legal non-conforming churches within the Suisun Valley “A-SV-20” and Agricultural Tourist Center “ATC” Zoning Districts to build larger facilities and serve larger congregations.
In addition, as part of the previously approved use permit for the existing temple facility, the property owner entered into an Easement Deed and Agreement with the County of Solano which restricts various aspects of the land uses on-site. This Easement Deed and Agreement would need to be amended or superseded to accommodate the increased visitor capacity, expanded developed footprint, and the reduction of the agricultural or open space use on the property.
The proposed ordinance amendment makes changes to the Nonconforming Uses section of the Zoning Regulations, applicable specifically to the Suisun Valley Agriculture “A-SV-20” and Agricultural Tourist Center “ATC” Zoning Districts. The amendment does not alter the permitted or prohibited land uses within the Suisun Valley Agricultural Zoning Districts. As seen on the General Plan / Zoning Consistency Table (General Plan Table LU-7) the zoning remains consistent with the applicable Agricultural General Plan Designation for the area.
ENVIRONMENTAL ANALYSIS:
The Department of Resource Management has prepared a Draft Initial Study and Mitigated Negative Declaration (IS/MND) (Initial Study and Mitigated Negative Declaration, Attachment H) for the proposed project. The IS/MND was noticed and made available for public review and comment between September 6, 2018 and October 5, 2018 through Solano County and the State Clearinghouse (SCH # 2018032062). The Draft MND identified certain potentially significant impacts together with proposed mitigations to reduce the impacts to less than significant along with other impacts determined to be less than significant.
Through the course of public review and comment for the IS/MND the Department of Resource Management received comment letters from the Central Valley Regional Water Quality Control (CVRWQCB) Board and the State Department of Fish and Wildlife (CDFW). Comments provided outlined each agency’s respective role and regulatory authority as well as the potential for permit issuance by each agency. Conditions of approval have been incorporated into the project which address both agencies permit requirements pertaining to the project, which include:
CVRWQCB
• Construction Storm Water General Permit and development and implementation of Storm Water Pollution Prevention Plan (SWPPP).
• MS4 Permit to reduce pollutants and runoff flows from new development during construction.
CDFW
• Pre-construction Nesting Bird Survey.
PUBLIC HEARING NOTICE:
In accordance with Solano County Zoning Regulations, notice of a public hearing was published at least 15 days before the scheduled hearing in the Fairfield Daily Republic.
ALTERNATIVES:
The Planning Commission may choose alternative actions, including:
1. Approval of the Use Permit Amendment with modifications; or
2. Continue the item to a later date to acquire additional information; or
3. Deny the Use Permit Amendment
OTHER AGENCY INVOLVEMENT:
The proposed Use Permit Amendment project and associated Mitigated Negative Declaration have been noticed and solicited for review and comment by various local, regional, and State agencies. Any recommended conditions of approval have been incorporated into the draft resolution.
Attachments:
A - Draft Resolution
B - U-97-13 Permit and Board of Supervisors Resolution 99-34
C - Easement Deed and Agreement
D - Vicinity Map
E - U-97-13-AM1 Development Plans
F - Out of Area Water Service Agreement
G - Water Usage Analysis Report
H - Initial Study and Mitigated Negative Declaration
I - Photo Simulations