HomeMy WebLinkAboutRES 1999 384 1108RESOLUTION NO. PC -99 -384
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. 99 -3 REQUESTING APPROVAL FOR AN INTERMEDIATE CARE
FACILITY FOR A MAXIMUM OF TEN (10) PATIENTS LOCATED AT
4762 MAUREEN LANE (APPLICANT: TENDER LOVING CARE (TLC)
ASSESSOR'S PARCEL NO. 506 - 041 -095
WHEREAS, TLC applied for Conditional Use Permit No. 99 -3
for an Intermediate Care Facility to house a maximum of ten (10)
patients at 4762 Maureen Lane; and
WHEREAS, at a duly noticed public hearing on November 8,
1999, the Planning Commission after review and consideration of
the information contained in the staff report dated November 8,
1999, and testimony, reached a decision on this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Based upon the information and findings
presented in the staff report and accompanying documents and
public testimony, the City Council finds that the project is
Categorically Exempt from California Environmental Quality Act
requirements as a Class 3 (conversion of small structures)
exemption; and
SECTION 2. The Planning Commission adopts the following
findings:
a. The proposed use is consistent with the intent and
provisions of the City's General Plan and Zoning Code.
2. That the proposed use is compatible with the character of
surrounding development.
3. That the proposed use would not be obnoxious or harmful, or
impair the utility of neighboring property or uses.
4. That the proposed uses would not be detrimental to the
public interest health, safety, convenience, or welfare.
5. That the proposed uses are compatible with existing and
planned land uses in the general area where the development
is to be located.
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6. That the proposed use is compatible with the scale, visual
character and design of the surrounding properties and is
designed to enhance the physical and visual quality of the
community and that the structure has design features which
provide visual relief and separation between land uses of
conflicting character.
SECTION 3. The Planning Commission conditionally approves
Conditional Use Permit No. 99 -3 for an Intermediate Care
Facility to house a maximum of ten (10) patients at 4762 Maureen
Lane subject to the attached conditions in Exhibit "A" to this
resolution.
The action of the foregoing direction was approved by the
following roll call vote:
AYES: Haller, Parvin, Otto, Landis, DiCecco
NOES:
PASSED, AND ADOPTED this 8th day of November, 1999.
ATTEST:
Celia 1jaFleur, Sec etary
to the Planning Commission
ATTACHMENT: EXHIBIT "A"
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Resolution No. PC -99 -384
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1. The permit is granted for the land and project as
identified on the entitlement application form and as shown
on the approved plot plans and elevations. The location of
all site improvements shall be as shown on the approved
plot plans and elevations except or unless otherwise
indicated by the conditions, concluded herein.
2. Clerical, administrative and record keeping activities
related only to the patients housed at this facility may be
done at this location.
3. No meetings, seminars or educational gatherings shall occur
at this site.
4. Except as needed for the day -to -day functioning of this
facility, no deliveries, warehousing of supplies or storage
of equipment shall take place at this site.
5. This permit is valid as long as the applicant remains in
full compliance with these conditions of approval and the
use remains compatible with the properties in the general
area of the property. Should the use become incompatible
with the surrounding area due to increase in traffic,
complaints from surrounding property owners, or for some
other just cause, the Director of Community Development may
initiate revocation proceedings pursuant to Section
17.44.080 of the Municipal Code.
6. 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 of the structure and its
surroundings, as indicated by the City Code Enforcement
Officer.
7. No later than ten (10) days after any change of property
ownership or change of lessee(s) or operator(s) of the
subject building, there shall be filed with the Director of
Community Development the name(s) and address(es) of the
new owner(s), lessee(s) or operator(s) together with a
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letter from any such person(s) acknowledging and agreeing
with all conditions of this permit.
8. The development is subject to all applicable regulations of
the R -O (Single Family Estate) Zone, and all requirements
and enactment's of Federal, State, Ventura County, City
authorities, and any other governmental entities, and all
such requirements and enactment's shall, by reference,
become conditions of this permit.
9. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any
unlawful rules or regulations or orders of an authorized
governmental agency. In instances where more than one set
of rules apply, the stricter ones shall take precedence.
10. The permittee agrees as a condition of issuance and use of
this permit to defend, at his or her sole expense, any
action brought against the City because of issuance (or
renewal) of this permit. Permittee will reimburse the City
for any court costs and /or attorney's fees which the City
may be required by the court to pay as a result of any such
action or in the alternative to relinquish this permit. The
City may, at its sole discretion, participate in the
defense of any such action, but such participation shall
not relieve permittee of his or her obligation under this
condition.
11. If in the future, any use or uses are contemplated on the
site differing from that specified in the Zoning Clearance
approved for the occupancy, either the permittee, owner, or
each prospective tenant shall file a project description
prior to 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 RO
(Single Family Estate) Zone and the terms and conditions of
this permit, and if a Modification to the Conditional Use
Permit is required. All applicable fees and procedures
shall apply for said review.
12. The permittee's acceptance of this permit and /or
commencement of construction and/ or operations under this
permit shall be deemed to be acceptance of all conditions
of this permit.
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13. The Community Development Director 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 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
(Municipal Code Section 17.44.080).
14. Approval of a Zoning Clearance and issuance of a Building
Permit is required prior to commencement of any internal
modifications requiring a Building Permit. All conditions
of the Building and Safety Department as part of the
Building Permit must be met.
15. Prior to the issuance of a Zoning Clearance authorizing
this use or approving a Building Permit, the applicant
shall pay all outstanding case processing fees, including
Condition Compliance costs.
16. No increase in floor area is permitted beyond the
authorization of this approval without approval of an
additional permit.
17. Signs will require approval of a separate Sign Permit
(Municipal Code Section 17.40.060.A.1).
18. No ground level mounted equipment shall be visible from the
street. Any roof mounted equipment is prohibited, unless
otherwise permitted by the Director of Community
Development.
19. No changes are proposed to the exterior of the building
(applicant's proposal).
20. Installation of any additional lights requires approval of
a Zoning Clearance(Municipal Code Section 17.44.030).
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21. An automatic sprinkler system shall be installed in this
Group R division 2 occupancy.
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22. Building plans of this R occupancy shall be submitted to
the Fire District for Plan Check.
23. In addition to smoke detectors buildings containing a group
R, division 2.1 occupancy shall be provided with an
approved automatic fire alarm system.
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24. Prior to issuance of a Zoning Clearance for any internal
modifications, the applicant shall install additional
landscaping and amenities for the patients in the rear yard
area of this facility. The location and design of the rear
yard improvements are subject to the review and approval of
the Director of Community Development.
25. Deliveries, except for emergency medical supplies shall be
restricted to occur only between the hours of 9:00 a.m. and
2:00 p.m.
26. The applicant shall reroute deliveries to their main office
with the exception of ambulances, necessary on -site medical
equipment and supplies, pharmaceuticals and mortuary
vehicles. Delivery vehicles shall not exceed two axles, or
have a gross vehicular weight over 15,000 pounds.
27. Parking of all delivery, employee, and visitor vehicles is
restricted to the rear of the property. Prior to the
issuance of a Zoning Clearance for expansion to ten (10)
beds, the applicant shall post a sign on the property
directing visitor and delivery vehicles to the rear of the
property. The location, verbiage, size and design of the
sign shall be subject to the review and approval of the
Director of Community Development.
28. The applicant shall keep a daily visitor log which shall be
made available to the Department of Community Development
upon request of the Director of Community Development. The
number of visitor vehicles at any time is limited to the
number of available on -site parking spaces.
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