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HomeMy WebLinkAboutRES CC 1997 1376 1997 0903RESOLUTION NO. 97- 1376 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING MINOR MODIFICATION NO. 2 TO PLANNED DEVELOPMENT PERMIT NO. 1055 LOCATED AT 216 MOORPARK AVENUE ON THE APPLICATION OF COMMUNITY CHRISTIAN CHURCH TO ALLOW FOR CHURCH USES OF THE ENTIRE BUILDING WITH THE EXCEPTION OF THE AREA CURRENTLY LEASED BY THE CALIFORNIA HIGHWAY PATROL AND AUTHORIZATION TO ALLOW 50% OF THE REQUIRED PARKING REQUIREMENT TO BE LOCATED OFF -SITE. WHEREAS, on May 14, 1986, the Planning Commission adopted Resolution No. PD 86 -97 approving Planned Development Permit No. PD -1055 to approving a 14,340 square foot office /commercial building; and WHEREAS, on August 15, 1997, Community Christian Church applied for Minor Modification No. 2 to PD 1055 requesting permission to utilize the existing building for combined office and church uses; and WHEREAS, the Director of Community Development referred the matter to the City Council on September 3, 1997; and WHEREAS, at its meeting of September 3, 1997, the City Council considered the application filed by Community Christian Church for Minor Modification No. 2 to Planned Development Permit No. 1055 requesting permission to utilize the existing building for combined office and church uses at 216 Moorpark Avenue; and WHEREAS, at its meeting of September 3, 1997, the City Council after review and consideration of the information contained in the staff report dated August 19, 1997 and reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon information in the Staff Report and accompanying information and information from the public testimony, the City Council finds that: a. The Minor Modification is categorically exempt from CEQA requirements as a Class 1 exemption for minor alterations; C: \M \PD1055M1 \3SEP97.CC 1 000294 ATTACHMENT I b. The proposed project would not have a substantial adverse impact on surrounding properties; C. The Minor Modification is consistent with the intent and provisions of the City's general Plan and of the City Ordinance Code; d. The Minor Modification is compatible with the character of surrounding development; e. The proposed Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses; f. The Modification would not be detrimental to the public interest, health, safety, convenience, or welfare; and g. The parking proposed to be located to at the Moorpark Unified School District property for the required parking at the church meets the intent of Section 17.32.060b4 in that the school district property is not presently used for residential uses. SECTION 2. The City Council conditionally approves Minor Modification No. 2 to Planned Development Permit No. 1055 granting permission to utilize the existing building for combined office and church uses subject to compliance with Conditions of Approval contained in Resolution No. PC 86 -97 approving Planned Development Permit No. PD -1055, the Conditions of Approval for Minor Modification No. 1 to PD 1055 and the following additional conditions: 1. The permit is granted for the land and project as shown on the submitted plot plan, elevations, floor plans and other exhibits displayed at the City Council meeting on September 3, 1997. The location and design of all site improvements shall be as shown on the plans, except or unless otherwise indicated herein. 2. The Director of Community Development may declare a development project that is not in compliance with the conditions of approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the C: \M \PD1055M1 \3SEP97.CC 2 000235 conditions of approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Moorpark Municipal Code Section 1.12.080) 3. The continued maintenance of the landscaping, permit area, and facilities 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 Code Enforcement Officer within thirty (30) days after notification. 4. The applicant and successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. 5. Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall demonstrate that there is a lease agreement which allows the applicant to have the total required parking spaces as required by the City's Municipal Code. The parking shall be provided for the duration of the permit and shall be reflected in the lease agreement between the lessor and the lessee of the property. This use of the building as a church facility will expire if the required parking is not continued to be provided as agreed upon. The off -site parking shall only be utilized after 6:00 p.m. from Monday to Friday and from 7:00 a.m. to 10:00 p.m. on Saturday and Sunday. 6. Activities or other uses during normal weekday business hours shall be limited to an occupancy load which will require the use of no more than the parking spaces located on -site. 7. A sign permit is required for all on -site signs to be approved by the Director of Community Development. 8. All facilities and uses other than those specifically approved, are prohibited unless a modification application has been approved by the City of Moorpark. C: \M \PD1055M1 \3SEP97.CC 3 OOO296 9. Prior to inauguration of the proposed use on the site by the church, the applicant shall obtain a Zoning Clearance from the Department of Community Development 10. That all activities on the premises for the church activities shall begin no earlier than 7:00 a.m. and terminate no later than 10:00 p.m. Monday thru Thursday and 7:00 a.m. to 11:00 p.m. Friday, Saturday and Sunday. For Easter Sunrise, Christmas Eve Communion and Candlelight, the church may operate from 6:00 a.m. to 1:00 a.m. The Director of Community Development may authorize the adjustment of hours to accommodate other traditional religious events, 11. Prior to Issuance of a Zoning Clearance for occupancy, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. 12. As there may be a potential for conflicts in parking due to the proximity of the commercial property to the west and the Methodist Church to the east, the church shall be responsible for regularly informing its members to only park in the designated parking area for the church and to remedy any parking conflicts. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND OF SEPTEMBER, 1997. ATTEST- --- L'Illi-an E. Hare, City Clerk C: \M \PD1055M1 \3SEP97.CC 4 0002V v �y_sr:� ©rrlrl�• =� ftffftlft /tft�f�'/� A nlsay.n� r• �c�p..�..e�.n�s.■ oiW ••; iiii`: [Qi�CiEfH1CRan! FEWm= 1!!111111 -��f ■:..1t /fErawn," MUM 213551 RLM t •,s0� ��� �I ff /1 / / /S1ai! s .--n 111111[ty 1� 1�� 11 .�. 11111111111111111,,;;` .: as .r'.,[IIIt111111t11111:� `_' t1;11111111[3C]CEIIIt• �`fi�ar IM Y F I * �Nfe MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 97- 1376 was adopted by the City Council of the City of Moorpark at a meeting held on the 3rd day of September , 1997, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS EVANS, PEREZ, WOZNIAK AND MAYOR HUNTER NOES: NONE ABSENT: COUNCILMEMBER TEASLEY ABSTAIN: NONE WITNESS my hand and the official seal of said City this 3rd day of SEPTEMBER , 1997. Lillian E. Hare, �CM City Clerk PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember