HomeMy WebLinkAboutRES 1992 256 0203RESOLUTION NO. PC -92 -256
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. CUP 91 -1 ON THE
APPLICATION OF RICHARD AND GLEN FORSTER
Whereas, at a duly noticed public hearing on January 21, 1992
the Planning Commission considered the application filed by Richard
and Glen Forster requesting approval of a Conditional Use Permit to
conduct "Paint Ball Games ", a business providing outdoor amusement
to the general public every Saturday and Sunday from approximately
7:30 a.m. to 4:30 p.m., on property located at 14506 Los Angeles
Place in Moorpark, Assessor's Parcel No. 513 -0- 050 -055; and
Whereas, the Planning Commission after review and
consideration of the information contained in the staff report and
testimony, and has found that the proposed commercial "Paintball"
operation is categorically exempt under Class 4, Section 15304 (e)
(Minor temporary use of land having negligible or no permanent
effects on the land) of the State CEQA Guidelines issued
thereunder, and has reached its decision on this matter; and
Whereas, at its meeting of January 21, 1992, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify, closed the public hearing, and directed staff
�. to prepare a resolution for the Planning Commission's decision.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to California State law, an evaluation
has been conducted to determine if the proposed project could
significantly affect the environment, and it has been found that
the proposed commercial "Paintball" operation is categorically
exempt under Class 4, Section 15304 (e) (Minor temporary use of
land having negligible or no permanent effects on the land) of the
State CEQA Guidelines issued thereunder.
SECTION 2. The Planning Commission hereby adopts the findings
in the staff report dated January 21, 1992, and said report is
incorporated herein by reference as though fully set forth.
SECTION 3. The Planning Commission does hereby find that the
approval of the Conditional Use Permit is consistent with the Land
Use Element of the City's General Plan in that the proposed use is
allowed in land designated for Open Space in that the proposed use
is an allowed use in land designated as open space uses within the
City, and the paintball games will continue to preserve natural
resources including plant species as well as allow the open space
area to maintain its scenic value without damaging the land.
r�
SECTION 4. That the Planning Commission hereby conditionally
approves Conditional Use Permit No. 91 -1 on the application of
Richard and Glen Forster subject to compliance with all of the
attached conditions attached hereto. The action of the foregoing
direction was approved by the following roll vote:
PASSES, APPROVED, AND ADOPTED THIS 3RD DAY OF FEBRUARY, 1992.
AYES:
NOEW:
ABSENT:
Attachment:
Exhibit A:
ATTEST:
Commissioners Torres, Brodsky, May, Wesner
None.
Commissioner Miller
Conditions of Approval for CUP 91 -1
ae "-�
Celia LaFleur, Secretary
Chairman
e, rd /J�,�
W
STATE OF CALIFORNIA
SS
COUNTY OF VENTURA
I, Celia LaFleur, do hereby certify that I am the secretary of the
Planning Commission of the City of Moorpark, California and that
the foregoing resolution was duly adopted at a regular meeting
thereof held on by the following vote:
AYES: Commissioners
NOES: None
ABSENT: Commissioner
ATTEST:
Celia LaFleiir, Secretary
Wesner, Torres, Brodsky, May
Miller
CONDITIONAL USE PERMIT NO: 91 -1
APPLICANT: RICHARD
DATE: January
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS:
2.
That this Conditional Use Permit is
commercial "Paintball Games" operation
plot plan as shown on Exhibit No. 3 in
staff report dated January 21, 1992.
AND GLENN FORSTER
21, 1992
approved for use of a
in accordance with the
the Planning Commission
That this permit is granted for the proposed use on Saturday
and Sunday only, and that the hours of operation is approved
from 7:30 a.m. to 4:30 p.m.
4. The permit is granted for the land and proposed use as shown
on the submitted plot plans and elevations. The location and
design of all site improvements shall be as shown on the
approved plot plans and elevations except, or unless indicated
otherwise herein.
5. The development is subject to all applicable regulations of
the Open Space (O -S) Zone and all agencies of the State,
Ventura County, the City of Moorpark and any other
governmental entities.
6. All facilities and uses other than those specifically
requested in the application, as approved, are prohibited
unless a modification application has been approved by the
City of Moorpark.
7. The design, maintenance, and operation of the permit area and
facilities thereon shall comply with all applicable
requirements and enactments of Federal, State, County, and
City authorities, and all such requirements and enactments
shall, by reference, become conditions of this permit.
FP02,04:9212.54pmn,\PC.Cem
CONDITIONAL USE PERMIT NO: 91 -1
APPLICANT: RICHARD AND GLENN FORSTER
DATE: January 21, 1992
8. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law, or any unlawful
rules, regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
9. 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.
10. The permittee agrees as a condition of issuance 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 to relinquish 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. The City may, at its sole
discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his
obligation under this condition.
{, 11. 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.
12. This permit shall expire if the use for which it is granted is
discontinued for a period of eight (8) consecutive weekends or
more as determined by the City.
13. The applicant shall provide potable water and at least two
portable sanitary facilities for the participants of the
"Paintball" games.
14.
That
sani
the
proposed
Pp02:04:9212:54pmA: \PC.C14D
r—
CONDITIONAL USE PERMIT NO: 91 -1
APPLICANT: RICHARD AND GLENN FORSTER
DATE: January 21, 1992
15. That prior to commencing the business of conducting
"Paintball" operations on the site, the applicant shall obtain
a Zoning Clearance from the Department of Community
Development.
16. The applicant shall take appropriate steps to assure that the
participants of "Paintball" follow the safety standards of the
International Paintball Players Association.
NAM
e. A commercial first aid kit containing eye wash elements
shall be located on -site during the paint -ball
activities.
f. No alcoholic beverages shall be sold on the site.
g. Shooting high into the air shall be grounds for ejection
from the property.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
17. Prior to the issuance of a Zoning Clearance, the permittee
shall sign a statement indicating awareness and understanding
of all permit conditions, and shall agree to abide by these
Conditions and present such statement to the Department of
Community Development.
PP02:04: 92 12:54pM.- \PC.CHD 6
CONDITIONAL USE PERMIT NO: 91 -1
APPLICANT: RICHARD AND GLENN FORSTER
DATE: January 21, 1992
18. Prior to the issuance of a zoning clearance, a Surety
Performance Bond in the amount of $10,000 shall be filed and
accepted by the Director of Community Development. The
Director of Community Development, may, through a public
hearing to be heard before the City Council recommend that any
or all of the funds in the Performance Bond be forfeited for
noncompliance of the Conditions of Approval or for some other
just cause. This condition shall automatically be superseded
by a related resolution or ordinance regarding condition
compliance for entitlement approvals adopted by the City
Council. The applicant shall also deposit an additional
$4" to the City for staff's time for conducting
cdn8ion after the issuance of a
19. The applicant, permittee, or successors in interest, shall
submit to the Department of Community Development a deposit to
cover costs incurred by the City for Condition Compliance
review. The applicant shall pay all outstanding case
processing (planning and Engineering), and all City legal
service fees prior to issuance of a Zoning Clearance.
20. All exterior lighting shall be approved by the Director of
Community Development prior to installation.
21. In conjunction with issuance of a Zoning Clearance for the
use, directional signs shall be placed on the property so as
to alleviate the potential for motorists accidentally entering
the Virginia Colony area. These directional signs shall be
temporary and shall be removed at the end of each weekend.
CITY ENGINEER'S CONDITIONS
GENERAL CONDITIONS•
22. Dust generation in all areas having vehicle traffic shall be
suppressed by periodic watering, oiling or other means
approved by the City Engineer, the Department of Fish and
Game, and the Southern Pacific Railroad. Vehicle speeds shall
be limited to 15 m.p.h.
23. All parking shall be within the parking area designated on the
application and the plot plan. No overnight parking or
storage on -site shall be permitted.
FF02:09:92 12:59[.mA:\PC.CND
r
CONDITIONAL USE PERMIT NO: 91 -1
APPLICANT: RICHARD AND GLENN FORSTER
DATE: January 21, 1992
24. That all play areas, parking lots and access roads shall be
maintained in a neat, clean and orderly manner at all times.
25. There shall be no construction of "blinds" or temporary
structures on -site.
PRIOR TO ISSUANCE OF A ZONING CI_JLARAWCE CONDITION THE FOLLOWING
CONDITIPNfi SEIRIAL BE SATISFIED:
26. Prior to issuance of a Zoning Clearance, the applicant shall
submit a tree report to the City showing the location and
condition of all outstanding trees in accordance with City
Ordinance No. 89. There shall be no damage to trees as a
result of the proposed use.
27. The applicant shall deposit with the City Engineer $550.00 to
cover the costs of evaluating actual traffic patterns during
the hours of operation. If the actual traffic patterns differ
from the applicant's projections, the applicant, as directed
by the City Engineer, may be required to mitigate any negative
traffic impacts resulting from the use granted by the
Conditional Use Permit. All mitigation costs in addition to
the City's review and overhead costs shall be borne by the
applicant.
28. The applicant shall indicate in writing to the City Engineer,
the disposition of any water well or any other well that may
exist within the project. If any wells are proposed to be
abandoned, or if they have been abandoned and have not been
properly sealed, they must be destroyed per Ventura County
Ordinance No. 2372 and any applicable Division of Gas and Oil
requirements.
29. The applicant shall obtain written permission of the Southern
Pacific Railroad for use of the access road (if access road is
in the railroad right -of -way) to the proposed site and shall
meet all requirements imposed by the railroad for use of this
road. A copy of this approval letter or permit shall be
rovided to the City En ineer prior to the
commencement of any' "business.
;1.:
PP02e04:92 12r54pn4.\PC.CND
CONDITIONAL USE PERMIT NO: 91 -1
APPLICANT: RICHARD AND GLENN FORSTER
DATE: January 21, 1992
MOORPARK POLICE DEPARTMENT CONDITIONS
30. A cellular telephone shall be available at the operations
booth for emergencies.
31. A portable public address system will be on -site during all
times of operation. This will assist in terminating any of
the games or for an emergency broadcast. User of the address
system shall be kept to a minimum so as to not create a noise
problem with surrounding properties.
32. Posting of signs will be on -site during the operations stating
the nature of the activity being conducted on the property.
33. Posting of temporary signs (to be removed at the end of each
weekend session), stating the nature of the activity on the
site and times of the activity, shall be placed every 50 feet
in the area of the playing area.
34. Fencing shall be installed around the perimeter of the playing
field to discourage players from leavin the la in field, or
from spectators entering the area. w,.,.
35. The operations booth will be manned during all hours of
operation for security and emergencies.
36. The referees on -site shall be required to have two way radios
so as to maintain contact with the operations booth at all
times for the purpose of emergency notification.
COUNTY OF VENTURA FLOOD CONTROI CONDITION•
37. That the operations control booth and portable toilet
facilities shall be moved to locations near the road access to
the site which places the operations control booth outside the
100 -year flood plain of the Arroyo Simi.
ADDITIONAL CONDITIONS IMPOSED BY PLANNING COMMISSION
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS:
............ I ....... I...............
PP02:04 :92 12,54pma:\PC.CND 9
CONDITIONAL USE PERMIT NO:
APPLICANT:
DATE:
91 -1
RICHARD AND GLENN FORSTER
January 21, 1992
PP02t04t92 12t54pmAt \Fc.CND
10