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HomeMy WebLinkAboutRES 1993 275 0419RESOLUTION NO. PC -93 -275 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 93 -1 ON THE APPLICATION OF ORCHARD DOWNS HOMEOWNERS ASSOCIATION Whereas, at a duly noticed public hearing on April 5, 1993, the Planning Commission considered the application filed by Orchard Downs Homeowners Association requesting approval of a security gate and kiosk installation; and Whereas, the Planning Commission after review and consideration of the information contained in the staff report 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 meeting of April 5, 1993, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, closed the public hearing, and made a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act, the Planning Commission has determined 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 following findings: a) The proposal for a temporary gate and kiosk is consistent with the purpose, intent, guidelines, standards, policies, and provisions of the City's General Plan, and Chapters 1 and 2 of the Ordinance Code. b) The proposed temporary gate and kiosk is consistent with the following policy in the Circulation Element of the General Plan because, the streets would be opened to the public upon the City exercising it's option to take the dedication of the streets for access to the property to the east of Tract 4081: PP04106: 9319$1 BAM,\APPROM.FBS 1 "The completion of the ultimate circulation system, through the improvement of sub- standard roadway segments and intersections and the construction of missing roadway links and related facilities shall be actively promoted." 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 due to the fact that it would not preclude the City from allowing Alysheba Drive and Turfway Road to become part of an east /west connection between Walnut Canyon Road and Grimes Canyon Road and /or the properties to the east; and therefore, would not be detrimental to the public interest, health, safety, convenience, or welfare. SECTION 4. That the Planning Commission hereby approves Conditional Use Permit No. 93 -1 on the application of Orchard Downs Homeowners Association subject to the following Conditions of Approval: Permitted Land Use 1. The applicant is granted approval to install a temporary gate approximately 160 feet east of the corner of Turfway and Grimes Canyon Roads. A kiosk to be located 60 feet from the corner is also approved. The gate and kiosk shall be as shown in the submitted plot plan and elevations. The entry /security gate shall be constructed of wrought iron per the approved plans. The gate system shall contain a knox box for emergency vehicle and post office delivery access and be designed to meet all government requirements. The system shall have a reversing gate in the event the gate hits an obstruction, and loop sensors to open the gate when exiting and a manual release handle. Time Limit 2. This Conditional Use Permit is granted for a period of time of five (5) years ending April 19, 1998, or at the time the City exercises it's option to take Turfway and Alysheba Drive as public roads, whichever comes first. That upon expiration of this permit or the City taking these streets for public access, the applicant shall remove the gate and kiosk within thirty (30) days of the City's request to remove them. That at the end of the five year period, and following the filing of a request for a time extension to the Conditional Use Permit by the permittee, the Director of Community Development will review and may continue this permit for an additional five year period, providing that full compliance with all conditions of the Tract Map and Conditional Use PPOI806i93 19.18&MA,WPR0VAL.ReS 2 Permit have been complied with plans in the near future to Road for public circulation Homeowner's Association shall property owners of the intent to apply for a new Conditional Commission and /or City Council at least fifteen (15) days hearing. and that the City does not have use Alysheba Drive and Turfway to adjacent properties. The give written notice to all of the Homeowner's Association Use Permit and of all Planning hearings regarding this matter prior to the administrative Requirement for Neighborhood Delivery Community Box Unit (NDCBUI 3. Prior to issuance of a Zoning Clearance to install the kiosk and gate, the applicant shall provide verification to the Department of Community Development from the Post Office that a "Neighborhood Delivery Community Box Unit (NDCBU)" has been installed for all property owners outside of the area of the proposed gate. Requirement for Zoning Clearance Prior to installation 4. Prior to installation of the gate and kiosk, the applicant shall obtain a Zone Clearance from the Department of Community Development. Compliance With Conditions for Tract Nap No 4081 Prior to issuance of a Zoning Clearance for this use, the applicant shall demonstrate that all conditions for Tract Map No. 4081 have been satisfied. Amendment to CC and R's 6. Prior to issuance of a Zoning Clearance for installation of the gate and kiosk, the applicant shall amend the CC and R's informing the property owners of the temporary nature of the gate and kiosk. The modified language shall be subject to review of the Department of Community Development and the City Attorney. The applicant shall pay all City costs, including that of the City Attorney and the City's Administrative cost for reviewing the amended language and the required covenant (see Condition No. 11). donment of Use 7. Upon expiration of this permit, or abandonment of the use, the premises shall be restored by the permittee at his /her cost to the conditions existing prior to the issuance of the permit, as nearly as practicable. PP04 :06:93 19: 2 BMA, \APPBOVAL.ABS 3 oval of Gate and Kiosk S. That if the applicant does not remove the gate and kiosk within thirty (30) days of the City's request to remove them, the City, at it's own discretion, may remove these items at the applicant's and /or property owners' expense. City's Ability to Require Gate and Kiosk to be Removed 9. That the applicant agrees and acknowledges that approval of this gate and kiosk shall not be permanent and agrees not to sue the City as a result of the City exercising it's option to require the gate and kiosk to be taken down or by not approving a renewal of the Conditional Use Permit at the end of each five (5) year period. Homeowner's Requirement to Give Homeowners Conditions of Apiproval 10. That Homeowners' Association shall have each property owner sign for and be given a copy of these conditions of approval for the gate and kiosk. Requirement for Covenant 11. The Homeowner's Association shall cause to have a covenant prepared and recorded on each property acknowledging that Tract 4081 is not a permanently gated community and the temporary nature of the Conditional Use Permit for the gate and kiosk is temporary in that the City may use Alysheba Drive and Turfway Road as public access to properties located to the east of the subject property. The covenant shall also state that the property owner waives his /her right to protest the ability to use Turfway and Alysheba Drive as public roads in order to provide circulation to the property to the east. This covenant is subject to review and approval of the City and the City Attorney. Reimbursement for City Costs 12. The permittee agrees as a condition of issuance and use of this permit to reimburse the City for any and all costs including court costs and /or attorney's fees which the City may be required by the court to pay as a result of any action the City may take to have the gate and kiosk removed and the premises restored to a condition satisfactory to the City. Acceptance of Conditions of Approval 13. The permittee's acceptance of this Conditional Use Permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance by the permittee PP04t06193 19tI8&Mt\APPROVAL.R83 4 The action of the foregoing direction was approved by the following roll vote: AYES: Wesner, Torres, Brodsky, May and Miller NOES: PASSES, APPROVED, AND ADOPTED THIS 19TH DAY OF APRIL, 1993. ATTEST: Celia LaFleur Secretary Chairman: chael . p sner Jr. PPOIsO6s9319s1Bamj\APPROVAL.RRB 5