HomeMy WebLinkAboutAGENDA REPORT 1987 1104 CC ADJ ITEM 08BITEM 8. B.
RESOLUTION NO. 87-'f;i_.f
A RESOLUTION OF THE MOORPARK CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, CONDITIONALLY APPROVING THE APPEAL
OF THE PLANNING COMMISSION APPROVAL OF THE APPLICATION
FOR CONDITIONAL USE PERMIT NO. 4508 FILED BY GRACE CHAPEL
MOORPARK FOURSQUARE CHURCH FOR THAT CERTAIN PROPERTY
LOCATED AT THE SOUTH EAST CORNER OF LOS ANGELES AVENUE
AND BELTRAMO ROAD.
WHEREAS, pursuant to the provisions of Section 8165 of
the Moorpark Municipal Code, the applicant, Grace Chapel Moorpark
Foursquare Church, has requested the City's approval of its
application for a Conditional Use Permit No. 4508, in order to
construct a church and day nursery on that certain real property
located at the southeast corner of Los Angel es Avenue and Beltramo
Road.
WHEREAS, studies and investigations were made, and staff
reports and recommendations were submitted; and
WHEREAS, the Planning Commission has reviewed and
considered the Initial Study and Negative Declaration on the project;
and
WHEREAS, the Commission, upon giving the notice required
by the provisions of Section 8163-5 of the Moorpark Municipal Code
and Section 65905 of the Government Code (beginning at Section
65850), did, on the 17th day of August, 1987, conduct a public
hearing as prescribed by law in order to consider said application
for Conditional Use Permit No. 4508; and
WHEREAS, at the public hearing the Planning Commission
adopted its Resolution No. PC-87-152 conditionally approving
Conditional Use Permit No. 4508. Said resolution was adopted at the
Planning Commission's regular meeting of September 8, 1987; and
WHEREAS, at its meeting of September 2, 1987 the City
Council set the matter for an appeal hearing. Said hearing date to
be October 7, 1987.
WHEREAS, at a duly notice public hearing on October 7,
1987, the City Council considered the -subject application, has
received testimony regarding said project, has duly considered said
proposed project, and has reached its decision; and
WHEREAS, the City Council after careful review and
consideration, has determined that the proposed project will not have
a significant effect on the environment, has reviewed and considered
the information contained in the Mitigated Negative Declaration, and
has approved the Mitigated-Negative Declaration as having been
completed in compliance with CEQA and the State Guidelines issued
thereunder;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE:
SECTION 1. That the findings contained in the staff report dated August 17, 1987, are hereby adopted, and said report is incorporated herein by reference as though fully set forth.
SECTION 2. The City Council hereby conditionally approved CUP NO. 4508, subject to compliance with a 11 the conditions attached hereto, and does hereby find, determine and reso 1 ve that violation of any such conditions shall be grounds for revocation to said tentative parcel map.
SECTION 3. That this resolution sha 11 take effect immediately.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution.
PASSED AND ADOPTED this 4th day of November, 1987.
Mayor of the City of Moorpark, CA
ATTEST:
City Cl erk
ADDITIONAL CITY COUNCIL CONDITIONS 10/7/87
1.If within five (5) years of the date of City Council approval, a
sanitary sewer is extended to within 200 feet of the subject
property connection to the sewer shall be required.
2.After five years from the date of City Council approval, the
conditional use permit shall be reviewed by the Director of
Community Development. At that time, if it is warranted, the
applicant shall be required to install the sanitary sewer.
Criteria for making this determination shall include but not be
limited to the presence of a sewer line within 200 feet of the
property.
3.If an assessment district is formed for the purpose of providing
sanitary sewers to properties in the vicinity. The applicant
shall agree to participate in an assessment district.
4.After such time as the applicant was provided a sanitary sewer to
the property, if any other properties on Beltramo Road have
connected to this same sewer, then the applicant shall be
reimbursed for a proportionate share of the installation cost of
the construction of the sewer.
CASE NO.: Conditional Use Permit No. 4508 APPLICANT: Grace Chapel Moorpark Foursquare Church
C°"UNITY DEVELOPMENT DEPARTMENT CONDITIONS
1.GENERAL REQUIREMENTS:
a.The permit is granted for the land and project as shown on the plotplans and elevations labeled Exhibit "C" and 11 D11 except or unless indicatedotherwise herein.
b.The development is subject to all applicable regulations of the RE-20zone and all agencies of the State, Ventura County, the City of Moorparkand any other governmental entities.
c.Unless the use is inaugurated not later than two years after the datethis permit is granted, this permit shall automatically expire on thatdate. The Director of Community Development may, at his discretion, grantone additional one-year extension for use inauguration if there have beenno changes in the adjacent areas, and if permi ttee has di 1 i gently workedtoward inauguration of use during the initial two-year period.
d.All facilities and uses other than those specifically requested in theapplication are prohibited unless a modification application has beenapproved by the Director of Community Development.
e.The design, maintenance and operation of the permit area and facilitiesthereon shall comply with all applicable requirements and enactments ofFedera 1, State and County and City authorities, and a 11 such requirementsand enactments shall, by reference, become conditions of this permit.
f.If any of the conditions or limitations of this permit are held to beinvalid, that holding shall not invalidate any of the remaining conditionsor limitations set forth.
g.That signs are subject to the Moorpark Municipal Code, Chapter 50, ofTitle 9, Sign Ordinance. A sign permit is required. The applicant shallcreate a sign program which will cause a common sign letter, type and colorto be used throughout the site. Such program to be approved by theDirector of Community Development.
h.No later than ten (10) days after any change of property ownership or oflessee(s) or operator(s) of the subject use, there shall be filed with theDirector of Community Development name(s) and address(es) of the newowner(s), lessee(s) or operator(s), together with a letter from any suchperson(s), acknowledging and agreeing to comply with all conditions of thispermit.
CASE NO.: Conditional Use Permit No. 4508 APPLICANT: Grace Chapel Moorpark Foursquare Church
COJIIMUNITY DEVELOPMENT DEPARTMENT CONDITIONS (CONT.)
1.GENERAL REQUIREMENTS (CONT.):
i.If in the future, any use or uses are contemplated on the site differing
from that specified in this permit, either the permittee, owner or each
prospective tenant shall file a project description prior to the execution
of the new lease agreement or the initiation of the use. A review by the
Di rector of Community Deve 1 opment wi 11 be conducted to determine if the
proposed use is compatible with the R-E-20 Zone and the terms and
conditions of this permit. Said review will be conducted at no charge and
an approval letter sent, unless a minor or major modification is required,
in which case all applicable fees and procedures shall apply.
j.The permittee agrees as a conditions of issuance (or removal) and use of
this permit to defend, at his sole expense, any action brought against the
City because of issuance (or renewal) of this permit or, in the
alternative, in relinquish this permit. Permittee will reimburse the City
for any court costs and/or attorney's fees which the City may be required
by a court to pay as a result of any such action. The City may, at its
sole discretion, participate in the defense of any such action, but such
participation shall not relieve permittee of his obligations under this
condition.
k.The permittee's acceptance of this permit and/or commencement of
construction and/or operations under this permit shall be deemed to be
acceptance by permittee of all conditions of this permit.
1.All utilities shall be placed underground to the nearest off-site
facility except through transmission utilities.
m.The conditional use permit shall be reviewed by the City five years from
the date of City approva 1. At that time the permit sha 11 be reeva 1 uated
for another five year period. The purpose of this review shall be for
determining the adequacy of the public improvements and infrastructure as
well as any proposed expansion plans of the church facilities. At the five
year review period the Director of Community Development shall determine if
a five year extension is warranted.
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CASE NO.: Conditional Use Permit No. 4508 APPLICANT: Grace Chapel Moorpark Foursquare Church
C0"4UNITY DEVELOPEMNT DEPARTMENT CONDITIONS (CONT.)
2.PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALLBE SATISFIED:
a.A landscaping and planting plan (3 sets), together with specificationsand maintenance program prepared by a State Licensed Landscape Architect,generally in accordance with County Guidelines for Landscape Plan Check orsuch other guidelines shall be submitted to and approved by the Director ofCommunity Development. The landscape plan shall be in substantial conformance to the conceptual landscape pl an. The applicant sha 11 bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee specified by the City of Moorpark.
Landscaping along streets and at intersections shall not impair sight di stance. Low-lying shrubbery should be planned around intersections so that a seated driver does not have to partially enter the intersection in order to gain a clear view of oncoming traffic.
Landscaping sha 11 be designed as not to obstruct the view of any building or office entrance/exit, windows, walkways or vehicles parked in the parking lot.
All landscaping and planting within paved areas shall be contained within raised planters surrounded by six-(6)inch concrete curbs.
b.Trash disposal areas shall be provided in locations which will notinterfere with circulation parking or access to building, and shall bescreened with a six (6) foot high solid wall enclosure with metal or woodengates. Final design of said enclosure shall be subject to the approval ofthe Director of Community Development.
c.The applicant, on behalf of himself and his successor and assigns, agreesnot to protest or otherwise contest the formation of any assessmentdistrict or method of assessment applicable to the development which may beestablished by the City of Moorpark for the purpose of maintaininglandscaping and improvements within the right-of-way of New Los AngelesAvenue and/or Moorpark Road.
d.All property line walls and fences shall be no further than one inch fromany property line.
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CJ\SE NO.: Conditional Use Permit No. 4508 J\PPLICJ\NT: Grace Chapel Moorpark Foursquare Church
CCMtUNITY DEVELOPMENT DEPARTMENT CONDITIONS (CONT.)
1.PRIOR TO ISSUANCE OF J\ ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BESATISFIED:
e.The building(s) shall be constructed employing energy-saving devices.These shall include those required by the California Administrative Code,Title 24.
f.For all exterior lighting, a lighting plan shall be prepared by anelectrical engineer registered in the State of California and submitted tothe Department of Community Development for review and approval. Thelighting plan shall achieve the following objectives: Avoid interferencewith reasonable use of adjoining properties; minimize on-site and off-siteglare; provide adequate on-site lighting; limit electroliers' height toavoid excessive illumination; provide structures which are compatible withthe total design of the proposed facility.
These plans shall include the following:
A photometric plan showing a point by point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center.
Maximum overall height of fixtures shall be not more than fourteen (14)feet in or adjacent to residential areas and not more than twenty(20)feet in non-residential areas.
Fixtures must possess sharp cut-off qualities at property lines.
There sha 11 be no more than a seven to one (7: 1) ratio of l eve 1 of illumination shown. (Maximum to minimum ratio between Lighting Standards).
Minimum of one-foot candle illumination.
g.All exterior building materials and paint colors shall be approved by theDirector of Community Development prior to the issuance of a Zone Clearancefor the purpose of determining compatibility with adjacent and nearbydevelopment.
h.The applicant sha 11 execute a covenant running with the land on behalf ofitself and its successors, heirs and assigns agreeing to participate in theformation of and be subject to any assessment district or other financingtechnique including but not limited to the payment of traffic mitigationfees, which the City may implement or adopt, to fund public street andtraffic improvements directly or indirectly affected by the development.Traffic mitigation fees shall be used for projects in this Los AngelesAvenue Area of Contribution, such as, but not limited to, the extension ofNew Los Angeles Avenue.
i.Pullover parking shall be limited to 24 inches maximum.
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CASE NO.: Conditional Use Permit No. 4508 APPLICANT: Grace Chapel Moorpark Foursquare Church
COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS (CONT.)
2.PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BESATISFIED:
j.DELETED
k.The final working drawings shall be submitted to the Director of CommunityDevelopment for review and approval.
3.PRIOR TO ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BESATISFIED:
a.An unconditional "will serve" letter shall be obtained from the VenturaCounty Water Works District No. 1. The letter shall be filed with the Community Development Department
b.The developer shall pay all school assessment fees levied by the MoorparkUnified School District.
4 .. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
a.All parking areas shall be surfaced with asphalt or concrete and shallinclude adequate provisions for drainage, striping and appropriate wheelblocks, curbs or posts in parking areas adjacent to landscape areas.
b.All landscaping and planting shall be installed and inspected.
c.No use for which this permit is granted shall be commenced until aCertificate of Occupancy has been issued by the Building and SafetyDivision. In addition, no Certificate of Occupancy may be issued until allon-site improvements specified in this permit and has posted a FaithfulPerformance Bond or other form of financial security to guarantee theagreement; said on-site improvements shall be completed within 120 days ofissuance of the Certificate of Occupancy. In case of failure to complywith any term or provision of this agreement, the City Council may beresolution declare the surety forfeited. Upon completion of the requiredimprovements to the satisfaction of the Director of Community Development,the surety may be exonerated by action of the Director of CommunityDevelopment.
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CASE NO.: Conditional Use Permit No. 4508 APPLICANT: Grace Chapel Moorpark Foursquare Church
CotfllUNITY DEVELOPMENT DEPARTMENT CONDITIONS (CONT.)
5.AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BEAPPLICABLE:
a.Continued landscape maintenance shall be subject to periodic inspection bythe City. The permittee shall be required to remedy any defects in groundmaintenance as indicated by the City within two weeks after notification.All landscaping shall be continually maintained in good condition and shallbe watered and kept clean and weed free. Dead or dying material shall bereplaced in accordance with the approved landscape plan. In addition, itshall be the responsibility to the property owner to maintain tree wellsadjacent to this property in a safe condition and free from trash, weeds,or other debris and public nuisances.
b.All required yards, fences, parking areas, storage areas, operations yardsand other uses on the site shall be improved as required by theseregulations and shall at all times be maintained i11 a neat and orderlymanner.
c.No outside storage of any kind shall be permitted after occupancy.
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CASE NO.: Conditional Use Permit No. 4508 APPLICANT: Grace Chapel Moorpark Foursquare Church
CITY ENGINEER'S CONDITIONS
1.PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BESATISFIED:
a.The developer shall submitapproval, a grading pl anobtain a Grading Permit;completion.
to the City of Moorpark for review and prepared by a Registered Civil Engineer; shall and shall post sufficient surety guaranteeing
b.The developer shall submit to the City of Moorpark for review and approval,a detailed Soils Report certified by a registered professional CivilEngineer in the State of California. The grading plan shall incorporatethe recommendations of the approved Soils Report.
c.The developer shall submit to the City of Moorpark for review and approval,street improvement pl ans prepared by a Registered Civil Engineer; sha 11enter into an agreement with the City of Moorpark to complete theimprovements; and shall post sufficient surety guaranteeing theconstruction of the improvements. The improvements shall include concretecurb and gutter, sidewalk, street lights, striping and signing, signalmodifications and paving in accordance with the Ventura County RoadStandards. The applicable Road Standard Plates are as follows:
Los Angeles Avenue per Plate B-2A. In lieu of construction, the developer may post a bond for the estimated costs of improvements, with construction deferred until the parce 1 s to the east deve 1 op, or as may be required sooner by the City. Grant an access easement to the parcels to the north of this property (AP# 506-0-030-010) and 506-0-030-020) allowing these properties to access their land throughthe subject property.
Driveways to be constructed per Plate E-2 and to be 30' wide. Paving shall be provided such that the access driveway is smoothly joined to existing pavement.
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CASE NO.: Conditional Use Permit No. 4508 APPLICANT: Grace Chapel Moorpark Foursquare Church
CITY ENGINEER'S CONDITIONS (CONT.)
d.The developer shall deposit with the City of Moorpark a contribution for
the Los Angeles Avenue Improvement Area of Contribution. The actual
deposit sha 11 be the then current Los Angel es Avenue Improvement Area of
Contribution applicable rate for residentially zoned property at the rate
of 2 dwe 11 i ng uni ts for the subject property at the time the Building
Permit is issued.
e.The developer shall indicate in writing to the City of Moorpark, the
disposition of any water well(s) and any other water that may exist within
the site. If any wells are proposed to be abandoned, or if they are
abandoned and have not been properly sealed, they must be destroyed per
Ventura County Ordinance No. 2372.
f.The developer shall offer for dedication to the City of Moorpark a street
right-of-way of sufficient width along Los Angeles Avenue to provide an
ultimate right of way of 59 ft., south of the centerline of Los Angeles
Avenue along the entire 30 ft. frontage of the parent parcel.
g.The developer must obtain a storm water acceptance deed from the owner
of the parcel to the west if storm water is to be disposed of on this
land. If a storm water acceptance deed cannot be obtained, the developer
shall install on-site retention of storm water such that flows from a 50
year storm prior to development. Hydraulic and hydraulic calculations
prepared by a registered civil engineer indicating storm water flow before
and after development shall be submitted.
2.DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY:
a.Prior to any work being conducted within the State or City right-of-way,
the developer shall obtain an Encroachment Permit from the appropriate
Agency.
b.If grading is to occur during the rainy season, an erosion control plan
shall be submitted for review and approval along with the grading plan.
Along with the erosion control measures, hydroseeding of all graded slopes
shall be required within 60 days of completion of grading.
MISSING CITY ENGINEERING CONDITION -August 17, 1987
That prior to zone clearance, the developer shall demonstrate for each building pad
to the satisfaction of the City of Moorpark as follows:
a.Adequate protection from 100 year frequency storm; and
b.Feasible access during a 10 year frequency storm.
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CASE NO.: Conditional Use Permit No. 4508 APPLICANT: Grace Chapel Moorpark Foursquare Church
VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS
1.PRIOR TO ISSUANCE OF A ZONING CLEARANCE THE FOLLOWING CONDITIONS SHALL BESATISFIED.
a.Lighting devices shall be high enough as to eliminate anyone on the groundfrom tampering with them.
b.Landscaping shall not cover any exterior door or window.
c.Landscaping at entrances/exits or at any intersection within the parkinglot sha 11 not block or screen the view of a seated driver from anothermoving vehicle or pedestrian.
d.Landscaping (trees) shall not be placed directly under any overheadlighting which could cause a loss of light at ground level.
e.DELETED.
f.DELETED.
g.DELETED.
h.All exterior doors shall be constructed of solid wood core m1n1mum of 1 and3/4-inches thick or of metal construction. Front glass doors commonly usedfor entry are acceptable but should be visible to the street.
i.Doors utilizing a cylinder lock shall have a minimum five (5) pintumbleroperation with the locking bar or bolt extending into the receiving guide aminimum of I-inch deadbolt.
2.DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL BE SATISFIED.
a.DELETED
b.Construction equipment, tools, etc., shall be properly secured duringnon-working hours.
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
1.PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALLBE SATISFIED.
a.The applicant shall provide to the Fire Department verification from thewater purveyor that the purveyor can provide the required fire flow for theproject.
b.That a fire alarm is required for the classrooms.
c.That all drives shall have a minimum vertical clearance of 13 feet 6 inches(13 1 6 11 ).
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CASE NO.: Conditional Use Permit No. 4508 APPLICANT: Grace Chapel Moorpark Foursquare Church
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
2.PRIOR TO CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY:
a.Prior to combustible construction an all weather access road/driveway,suitable for use by a 20 ton fire department vehicle shall be installed.This improvement, or provisions to guarantee its installation shall becompleted prior to recordation.
b.The access road/driveway shall be 25' width.
c.The access road/driveway shall be certified by a registered Civil Engineeras having an all-weather surface in conformation with Public WorksStandards. This cert ifi cation sha 11 be submitted to the Ventura CountyBureau of Fire Prevention prior to occupancy.
d.The access road shall be of sufficient width to allow for a 40 foot turningradius at all sharp turns in the road.
3.PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
a.That if the subject parcel is within a Water Purveyor District, a hydrantcapable of providing a fireflow of 1000 GPM @ 20 psi shall be installed prior to occupancy. The fire hydrant shall be installed at a location on the access road approved by the Fire Department.
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CASE NO.: Conditional Use Permit No. 4508 APPLICANT: Grace Chapel Moorpark Foursquare Church
VENTURA COUNTY ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS
1.DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL BE SATISFIED.
a.If any hazardous waste is encountered during the construction of thisproject all work shall be immediately stopped and the Ventura CountyEnvironmental Heal th Department, the Fi re Department, the Sheriff'sDepartment and the City Inspector shall be notified immediately. Workshall not proceed until clearance has been issued by all of these agencies.-11-
CASE NO.: Conditional Use Permit No. 4508 APPLICANT: Grace Chapel Moorpark Foursquare Church
VENTURA COUNTY WATER WORKS DISTRICT NO. 1 CONDITIONS
1.PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
a.The applicant shall be required to install a water main and fire hydrant toserve the site. The location of the hydrant shall be south of Los AngelesAvenue. Precise location design, and installation shall be made to thesat i sf action of the Ventura County Water Works District No. 1 and the VenturaCounty Fire Department.
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