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HomeMy WebLinkAboutRES CC 1987 424 1987 1104RESOLUTION NO. 87- 424 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 Angeles 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 all the conditions attached hereto, and does hereby find, determine and resolve that violation of any such conditions shall be grounds for revocation to said tentative parcel map. SECTION 3. That this resolution shall take effect immediately. SECTION 4. That the City Clerk shale certify to the passage and adoption of this resolution. PASSED AND ADOPTED this 4th day of November, 1987. "D Mayor of the City of Moorpark, CA ATTEST: MOORPARK CLINT HARPER, Ph.D. Mayor ELOISE BROWN 3yor Pro Tern Tt. ..AS C. FERGUSON Councilmember JOHN GALLOWAY Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer I,- Maureen W. Wall, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 87 -424 was adopted by the City Council of the City of Moorpark at a meeting held on the 4th day of __ November__, 19 87 , and that the same was adopted by the following vote: AYES: Councilmembers Brown, Galloway, Lane and Mayor Harper. NOES: None. ABSENT: Councilmember Ferguson. ABSTAIN: None. WITNESS my hand and the official seal of said City this 10th November 19 87 - Maureen W. Wa City Clerk (seal) day of 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 ADDITIONAL CITY COUNCIL CONDITIONS 10/7/87 1. If within five (5) years of the (late 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 proportionst share of the installation cost of the construction of the sewer-. APPLICANT: .ueius._iuiiai v5e rermlL No. 45Ud Grace Chapel Moorpark Foursquare Church COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 1. GENERAL REQUIREMENTS: a. The permit is granted for the land and project as shown on the plot plans and elevations labeled Exhibit "C" and "D" except or unless indicated otherwise herein. b. The development is subject to all applicable regulations of the RE -20 zone and all agencies of the State, Ventura County, the City of Moorpark and any other governmental entities. c. Unless the use is inaugurated not later than two years after the date this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant one additional one -year extension for use inauguration if there have been no changes in the adjacent areas, and if permittee has diligently worked toward inauguration of use during the initial two -year period. d. All facilities and uses other than those specifically requested in the application are prohibited unless a modification application has been approved by the Director of Community Development. e. The design, maintenance and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State and County and City authorities, and all such requirements and enactments shall, by referen(e, become conditions of this permit. f. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. g. That signs are subject to the Moorpark Municipal Code, Chapter 50, of Title 9, Sign Ordinance. A sign permit is required. The applicant shall create a sign program which will cause a common sign letter, type and color to be used throughout the site. Such program to be approved by the Director of Community Development. h. No later than ten (10) days after any change of property ownership or of lessee(s) or operator(s) of the subject use, there shall be filed with the Director of Community Development name(s) and address(es) of the new owner(s), lessee(s) or operator(s), together with a letter from any such person(s), acknowledging and agreeing to comply with all conditions of this permit. CASE NO.: Conditional Use Permit No. 45O8 APPLICANT: Grace Chapel Moorpa -k Foursquare Church COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS (CONT._) 1. GENERAL REQUIREMENTS (CONT.): 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 Director of Community Development will 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. 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 approval. At that time the permit shall be reevaluated 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. -2- CASE NO.: Conditional Use Permit No. 4508 APPLICANT: Grace Chapel Moorpark Foursquare Church COMMUNITY DEVELOPEMNT DEPARTMENT CONDITIONS_] CONT.) 2. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. A landscaping and planting plan (3 sets), together with specifications and maintenance program prepared by a State Licensed Landscape Architect, generally in accordance with County Guidelines for Landscape Plan Check or such other guidelines shall be submitted to and approved by the Director of Community Development. The landscape plan shall be in substantial conformance to the conceptual landscape p131 The applicant shall 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 distance. 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 shall 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 not interfere with circulation parking or access to building, and shall be screened with a six (6) foot high solid wall enclosure with metal or wooden gates. Final design of said enclosure shall be subject to the approval of the Director of Community Development. c. The applicant, on behalf of himself and his successor and assigns, agrees not to protest or otherwise contest the formation of any assessment district or method of assessment applicable to the development which may be established by the City of Moorpark for the purpose of maintaining landscaping and improvements within the right -of -way of New Los Angeles Avenue and /or Moorpark Road. d. All property line walls and fences shall be no further than one inch from any property line. -3- CASE NO.: Conditional Use Permit No. 4508 APPLICANT: Grace Chapel Moorpark Foursquare Church COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS CCONT.) 1. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 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 an electrical engineer rk--gistejred in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: Avoid interference with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers' height to avoid excessive illumination; provide structures which are compatible with the 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 shall be no more than a seven to one (7:1) ratio of level 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 the Director of Community Development prior to the issuance of a Zone Clearance for the purpose of determining compatibility with adjacent and nearby development. h. The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs and assigns agreeing to participate in the formation of and be subject to any assessment district or other financing technique including but not limited to the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. Traffic mitigation fees shall be used for projects in this Los Angeles Avenue Area of Contribution, such as, but not limited to, the extension of New Los Angeles Avenue. i. Pullover parking shall be limited to 24 inches maximum. -4- CASE NO.: Conditional Use Permit No. 4508 APPLICANT: Grace Chapel Moorpark Foursquare Church COMMUNITY DEVELOPMENT DEPARTMENT CONDITI(NNS_(CONT.)_ 2. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: j. DELETED k. The final working drawings shall be submitted to the Director of Community Development for review and approval. 3. PRIOR TO ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. An unconditional "will serve" letter shall be obtained from the Ventura County 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 Moorpark Unified School District. 4.. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, 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 a Certificate of Occupancy has been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit and has posted a Faithful Performance Bond or other form of financial security to guarantee the agreement; said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may be resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the Director of Community Development. -5- CASE NO.: Conditional Use Permit No. 4508 APPLICANT: Grace Chapel Moorpark Foursquare Church COMMIUNITY DEVELOPMENT DEPARTMENT CONDITIONS -( CONT.) 5. AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE APPLICABLE: a. Continued landscape maintenance shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance as indicated by the City within two weeks after notification. All landscaping shall be continually maintained in good condition and shall be watered and kept clean and weed free. Dead or dying material shall be replaced in accordance with the app -o-ed landscape plan. In addition, it shall be the responsibility to the property owner to maintain tree wells adjacent 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 yards and other uses on the site shall be improved as required by these regulations and shall at all times be maintained in a neat and orderly manner. c. No outside storage of any kind shall be permitted after occupancy. CASE NO.: Conditional Use Permit No. 4508 APPLICANT: Grace Chapel Moorpark Foursquare Church CITY ENGINEER'S CONDITIONS I. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. The developer shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer; shall obtain a Grading Permit; and shall post sufficient surety guaranteeing completion. b. The developer shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a registered professional Civil Engineer in the State of California. The grading plan shall incorporate the recommendations of the approved Soils Report. c. The developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, signal modifications and paving in accordance with the Ventura County Road Standards. 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 parcels to the east develop, 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 through the 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. -7- 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 shall be the then current. Los Angeles Avenue Improvement Area of Contribution applicable rate for residentially zoned property at the rate of 2 dwelling units 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,___1981 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. 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 BE SATISFIED. a. Lighting devices shall be high enough as to eliminate anyone on the ground from tampering with them. b. Landscaping shall not cover any exterior door or window. c. Landscaping at entrances /exits or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. d: Landscaping (trees) shall not be placed directly under any overhead lighting 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 minimum of 1 and 3/4- inches thick or of metal construction. Front glass doors commonly used for entry are acceptable but should be visible to the street. i. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 -inch deadbolt. 2. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL-BE SATISFIED. a. DELETED b. Construction equipment, tools, etc., shall be properly secured during non - working hours. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS 1. PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED. a. The applicant shall provide to the Fire Department verification from the water purveyor that the purveyor can provide the required fire flow for the project. 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 (13'6"). men 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 be completed prior to recordation. b. The access road /driveway shall be 25' width. c. The access road /driveway shall be certified by a registered Civil Engineer as having an all- weather surface in conformation with Public Works Standards. This certification shall be submitted to the Ventura County - Bureau of Fire Prevention prior to occupancy. d. The access road shall be of sufficient width to allow for a 40 foot turning radius 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 hydrant capable 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. -10- 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. If any hazardous waste is encountered during the construction of this project all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department and the City Inspector shall be notified immediately. Work shall 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 to serve the site. The location of the hydrant shall be south of Los Angeles Avenue. Precise location design, and installation shall be made to the satisfaction of the Ventura County Water Works District No. 1 and the Ventura County Fire Department. -12-