HomeMy WebLinkAboutRES 1993 271 0219RESOLUTION NO. PC -93 -271
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF CONDITIONAL USE PERMIT NO. CUP92 -3 AND
VARIANCE NO. 92 -2 ON THE APPLICATION OF COMMUNITY
CHRISTIAN CHURCH
Whereas, at a duly noticed public hearing on December 7, 1992,
the Planning Commission considered the application filed by
Community Christian Church requesting approval to use a 20,696
parcel containing a 10,980 square foot industrial building as a
church facility. ; and
Whereas, the Planning Commission after review and
consideration of the information contained in the staff report and
testimony, and has found that the project is Categorically Exempt
from CEQA pursuant to Section 15301 - Class 1 consisting of the
operation of existing facilities involving no expansion of use
beyond that previously existing, and has reached its decision on
this matter; and
Whereas, at its
�^ Commission opened the
wishing to testify,
recommendation to the
NOW, THEREFORE,
MOORPARK, CALIFORNIA,
meeting of December 7, 1992, the Planning
public hearing, took testimony from all those
closed the public hearing, and made a
City Council.
THE PLANNING COMMISSION OF THE CITY OF
DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the California
Environmental Quality Act, the Planning Commission recommends that
the City Council determine that this project is Categorically
Exempt from CEQA pursuant to Section 15301 - Class 1 consisting of
the operation of existing facilities involving no expansion of use
beyond that previously existing.
SECTION 2. The Planning Commission hereby adopts the findings
�^ in the staff report dated December 7, 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 and Variance is consistent
with the City's General Plan.
r
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!� SECTION 4. That the Planning Commission hereby recommends to
the City Council approval of Variance No. 92 -2 and Conditional Use
Permit No. 92 -3 with the Planning Commission recommended
modification to the Conditions of Approval (Exhibit 1) on the
application of Community Christian Church. The action of the
foregoing direction was approved by the following roll vote:
AYES: Wesner, Torres, Brodsky, May, Miller.
NOES:
PASSES, APPROVED, AND ADOPTED THIS 19TH DAY OF FEBRUARY, 1993.
ATTACHMENT:
r^
Celia LaF eur, Secretary
to the Planning Commission
f,.-..
I,-
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Chairman:
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Michael H. Wesner Jr.
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NOTE: THESE CONDITIONS OF APPROVAL ARE IN ADDITION TO THE
CONDITIONS OF APPROVAL THAT WERE APPROVED FOR DEVELOPMENT PLAN NO.
344
GENERAL REQUIREMENTS:
1. The permit is granted for the land and project as shown on the
submitted plot plan and elevation of the existing structure
and the building expansion and other exhibits displayed at the
Planning Commission hearing of December 7, 1992. The location
and design of all site improvements shall be as shown on the
approved plot plan and elevations except or unless indicated
otherwise herein.
2. If in the future, any use or uses are contemplated on the site
differing from that specified in the Conditional Use Permit
and 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
r^ conducted to determine if the proposed use is compatible with
the M -1 and the adjacent R -1 Zones, and the terms and
conditions of this permit. Said review will be conducted at
no charge and an approval letter sent, unless another
entitlement permit is required, in which case all applicable
fees and procedures shall apply. The property owner shall
notify the Department of Community Development in writing if
the church intents to leave the facility and a new user
(church) intends to use this Conditional Use Permit.
3. Activities taking place during weekday normal daytime working
hours when industrial buildings are occupied by the industrial
users such as Vacation Bible Classes or other children's
programs (either pre school or school age) taking place during
regular business hours are permitted. Further, any other uses
during normal weekday business hours shall be limited to an
occupancy load which will require the use of no more than 24
parking spaces.
4. That unless the building is occupied within one year after
this permit is granted, this permit shall automatically expire
on that date. The Director of Community Development may, at
his discretion, grant up to one(1) additional year extension
for project inauguration if there have been no changes in the
adjacent areas and if applicant can document that he has
diligently worked towards inauguration of the project during
the initial one year period.
AN 2,22,92110137&M,\PC1 .ASS 3
5. That the COP is granted for a period of time of eight ( 8 )
years ending December 7, 2000. That at the end of this ten
year period, the Director of Community Development may have
the ability to continue this use for an additional eight (8)
year period of time ending December 7, 2010, providing full
compliance with all conditions have been accomplished and that
the use authorized by this permit will remain compatible with
the properties in the general area for the duration of the
additional period authorized by this permit and that the
applicant files an application for an extension at least six
months prior to the termination of the eight year period. The
Director of Community Development will look at issues such as
congregation expansion, increase in traffic, complaints from
surrounding property owners, etc. when making a determination
as to whether an extension to the permit shall be granted.
This provision is not to be interpreted as limiting the City's
r authority to revoke this permit if conditions so warrant.
6. A sign permit is required for all on -site signs to be approved
by the Director of Community Development.
7. The development is subject to all applicable regulations of
the M -1 Zone and all agencies of the State, Ventura County,
the City of Moorpark and any other governmental entities.
There shall be no outside storage of any materials.
8. All facilities and uses other than those specifically
requested in the application, as approved, are prohibited
h' unless a modification application has been approved by the
City of Moorpark.
9. 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.
10. The permittee's acceptance of this permit and /or commencement
r-, of construction and/ or operations under this permit shall be
deemed to be acceptance of all conditions of this permit.
11. The applicant also agrees to the stipulation that this use is
a Variance (not an encroachment) on industrially zoned and
used land, and that those uses permitted by right may on
occasion disturb the permittee.
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12. This permit shall expire if the use for which it is granted is
(� discontinued for a period of six months or more as determined
by the City.
13. That prior to inauguration of the proposed use on the site,
the applicant shall obtain a Zoning Clearance from the
Department of Community Development.
14. The applicant shall pay all outstanding case processing costs
and all related City legal service fees prior to issuance of
a Zoning Clearance.
15. 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.
16. Any roof mounted equipment and other noise generation sources
approved by the Director of Community Development shall be
attenuated to 55 DRA at the property line, or to the ambient
noise level at the property line measured at the time of the
occupant request. Prior to the issuance of a Zone Clearance
for initial occupancy or any subsequent occupancy, the
Director of Community Development may request that a noise
study be submitted for review and approval which demonstrates
that all on -site noise generation sources would be mitigated
to the required level. The noise study must be prepared by a
licensed acoustical engineer in accordance with accepted
engineering standards. Any roof equipment may also require
approval of the County of Ventura Air Pollution Control
District (APCD).
17. No asbestos pipe or construction materials shall be used
inside or outside the building without prior approval of the
City Council.
18. Prior to the issuance of a Zoning Clearance, the applicant
shall demonstrate that the lease agreement allows the
applicant to have a total of 83 available parking spaces for
the proposed church. 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 CUP shall expire if the required parking is not continued
to be provided as agreed to herein.
19. Prior to the issuance of a Zoning Clearance to the church,
f those properties which will provide the parking spaces for
this use shall have a recorded lien disallowing them to
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utilize their parking facilities during those times that their
parking is allotted to the church.
FIRE DEPARTMENT CONDITIONS
20. That a street width of 25 feet with two way traffic and off -
street parking provided on both sides shall be provided.
21. That prior to construction the applicant shall submit two (2)
site plans to the Fire District for approval of the location
of fire lanes. The fire lanes shall be posted in accordance
with California Vehicle Code, Section 22500.1 and Article 10
of the Uniform Fire Code prior to occupancy.
22. That prior to combustible construction, all weather access
road /driveway suitable for use by a 20 ton Fire District
vehicle shall be installed.
23. That the access roadway(s) shall be extended to within 150
feet of all portions of the exterior walls of the first story
of any building. Where the access roadway cannot be provided,
approved fire protection system or systems shall be installed
as required and acceptable to the Fire District.
24. That access roads shall not exceed 158 grade.
25. That all drives shall have a minimum vertical clearance of 13
feet 6 inches (13' 611).
26. That approved turnaround areas for fire apparatus shall be
provided where the access road is 150 feet or farther from the
main thoroughfare.
27. That address numbers, a minimum of 6 inches (6 ") high, shall
be installed prior to occupancy, shall be of contrasting color
to the background, and shall be readily visible at night.
Where structures are set back more that 250 feet (2501) from
the street, larger numbers will be required so that they are
distinguishable from the street. In the event the
structure(s) is not visible from the street, the address
number(s) shall be posted adjacent to the driveway entrance.
28. That any structure greater than 5,000 square feet in area
and /or 5 miles from a fire station shall be provided with an
automatic fire sprinkler system in accordance with Ventura
County Ordinance #14.
29. That building plans of all A, E, I & H occupancies shall be
submitted to the Fire District for plan check.
30. That plans for any fire alarm system shall be submitted to the
Fire District for plan check.
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31. That fire extinguishers shall be installed in accordance with
National Fire Protection Association, Pamphlet #10. The
placement of extinguishers shall be subject to review by the
Fire District.
32. That commercial trash dumpsters and containers with an
individual capacity of 1.5 cubic yards of greater shall not be
stored or placed within 5 feet of openings, combustible walls,
or combustible roof save lines unless protected by approved
automatic fire sprinklers. (Uniform Fire Code, Article 11.)
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