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HomeMy WebLinkAboutRES 1993 280 0907RESOLUTION NO. PC 93 -280 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NUMBER 93 -2 FOR DENONTFORT ACADEMY IN ORDER TO UTILIZE CERTAIN BUILDINGS AT 280 CASEY ROAD. WHEREAS, at a duly noticed public hearing on August 16, 1993, the Planning Commission considered the application filed by DeMontfort Academy in order to utilize certain buildings at 281 Casey Road, Assessor's Parcel Numbers 511 -0- 020 -055 and a portion of parcel 511 -0- 020 -075; and WHEREAS, at its meeting of August 16, 1993, the Planning Commission opened the public hearing, received public testimony and closed the public hearing; and WHEREAS, the Planning Commission after review and consideration of public testimony and the information contained within the Staff Report dated August 16, 1993, reached 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 (CEQA), the proposed project was determined to be Exempt from the requirements of CEQA based upon a Class I, Section 15031 exemption. SECTION 2. The Planning Commission hereby adopts the findings as outlined below: a. The proposed expansion is consistent with the intent and provisions of the City's General Plan and the Moorpark Zoning Ordinance; b. Is compatible with the character of the surrounding development; C. Would not be detrimental to the public interest, health, safety, convenience or welfare; d. Would not be obnoxious or harmful, or impair the utility of neighboring properties or uses, and e. Is compatible with existing and planned land uses in the general area where the development is to be located. SECTION 3. The Planning Commission hereby conditionally approves CUP 93 -2 subject to compliance with all of the conditions of approval attached hereto as Exhibit 1. Resolution No. PC -93 -280 Page -2- The action with the foregoing direction was approved by the following roll call vote: AYES: Chairman Wesner and Commissioner's Brodsky, May, Miller, and Torres; NOES: None ABSTAIN: None ABSENT: None PASSED APPROVED AND ADOPTED THIS 7TH DAY OF SEPTEMBER, 1993 ATTEST: Fe-11a LaF eur, Secretary to the Planning Commission Attachment: Conditions of Approval Chairman oresidina: I Resolution No. PC 93 -280, DeNontfort Academy August 19, 1993 S. The permittee and the land owner (herein known as applicant) agree as a condition of issuance and use of this permit to defend, at their sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. The applicant shall 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 applicant of their obligation under this condition. 9. A sign permit is required for all on -site signs to be approved by the Director of Community Development. 10. Off -site signs are not permitted. 11. 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, the permittee 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 RE Zone and the terms and conditions of this permit. Said review will lie 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. 12. The applicant's occupancy of the buildings is acceptance of this permit and all conditions of this permit. 13. Conditional Use Permit Number 93 -2 is valid for five (5) years; from September 7, 1993 to September 7, 1998 contingent upon compliance with conditions of approval in this resolution. 14. This permit shall immediately expire if the use for which it is granted is discontinued for a period of 180 consecutive days or more, or if the lease with the school district is not renewed. 15. The applicant shall deposit with the City a Condition Compliance review fee in the amount of the original filing fee for the Conditional Use Permit for the purpose of defraying costs associated with the Zone Clearance for each phase of operation. Pap -3- RssoMian Na. K-93 -280 i Resolution No. PC 93 -280, DeMontfort Academy August 19, 1993 16. Prior to the issuance of a Zone Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these Conditions. 17. All trash disposal areas shall be provided in a location which will not interfere with circulation, parking or access to the building, and shall be screened with a six foot high wall enclosure with metal gates. The final design of the trash enclosure shall be subject to the issuance of a zoning clearance. Trash areas and recycling bins shall be depicted on the construction plans, the size of which shall be approved by the Director of Community Development and the City Employee responsible for recycling /solid waste management programs. 18. Pullover parking (overhangs) shall be limited to 24 inch maximum. No vehicles shall be allowed to encroach onto walkways or into the required landscaped setbacks along roadways. 19. No exterior access ladder of any kind shall be permitted. 20. All exterior building materials and paint colors shall be approved by the Director of Community Development to ensure compatibility with adjacent development. 21. No asbestos pipe or construction materials shall be used in new construction. 22. No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the Building and Safety Division. 23. At the time water service connection is made for the future expansion, cross connection control devices shall be installed for the water system in accordance with the requirements of the Ventura County Environmental Health Department. 24. The DeMontfort ,Academy shall be posted as a closed campus; students. will not be allowed to leave the campus without written notification by a parent or guardian. Student will be allowed to leave the campus in cases of student illness or emergency when accompanied by an adult /guardian or school employee. s Pop -4- Resolution Mo. K -93 -280 Resolution No. PC 93 -280, DeMontfort Academy August 19, 1993 25. No access to this use may occur from High Street. 26. No loading and unloading may occur off of the school property. 27. Loading and unloading may only take place in front of the Shop Building; this area shall be striped, consistent with the Moorpark Police Department's standards, to indicate that this area shall be for temporary loading and unloading. 28. As defined herein the school "operation" shall mean the use of the campus for educational activities, meetings of school staff, parent /teacher meetings, and extracurricular activities sponsored by the school other then fund raising events. Fund raising events or other activities beyond the definition of "operation" shall require a Temporary Use Permit or Conditional Use Permit as determined by the Community Development Director. 29. No school operations (as defined herein) may take place �,- outside the hours of 8:00 a.m. to 10:00 p.m. Monday through Friday. A Temporary Use Permit or Conditional Use Permit as determined by the Director of Community Development, will be required to conduct any school operations not specifically allowed outside of the normal hours of operation. 30. All on -site landscaping shall be well maintained (trimming and pruning, as needed). 31. The proposed project must meet all applicable building codes as determined by the Building Official. 32. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject buildings, there shall be filed with the Director of Community Development, the name(s) and address(es) of the new owner(s), lessee(s) or operators together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. IN ADDITION TO OTHER CONDITIONS OF APPROVAL, PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY, FOR RACE PHASE, THE FOLLOWING CONDITIONS 88ALL EE APPLICABLE: 33. All buildings to be utilized for each phase of operation shall �^ be furnished with a Fire Extinguisher. pop -5- Mwlutian No. K -93 -280 Resolution No. PC 93 -280, DeMontfort Academy August 19, 1993 34. All buildings to be utilized for each phase of operation shall be equipped with an alarm system. Prior to issuance of a Zone Clearance each academic phase, Police Department and Fire Department inspection of the buildings to be utilized, shall occur. 35. Prior to issuance of a Zone Clearance for occupancy each phase, all existing landscaping under the windows of buildings which will be utilized, shall be removed and replaced with security plantings. Security plantings shall be planted close to the wall and kept trimmed below the bottom of the window sill. 36. A Zone Clearance for occupancy shall be required prior to occupancy for each phase; additional conditions of approval may be added to the Zone Clearance for occupancy. 37. Prior to the issuance of a Zone Clearance for occupancy for each phase, a copy of the lease agreement between the School District and DeMontfort Academy shall be submitted to the Department of Community Development. IH ADDITION TO OTHER CONDITIONS OF APPROVAL, A"XR XBOVAHCE OF A CERTIPICATE 01 OCCUPANCT, FOR EACH PHASE, TEE FOLLOWING CONDITIONS sHALL BE APPLICABLE: 38. Prior to the issuance of a zoning clearance for tenant occupancy, the proposed use shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the applicant shall prepare a hazardous waste minimization plan. 39. The continued maintenance of the 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 five (5) days after notification. Pope -6- Resolution No. PC- 93-280 Resolution No. PC 93 -280, DeMontfort Academy August 19, 1993 40. All uses and activities shall be conducted inside the buildings unless otherwise authorized by the Director of Community Development with a Temporary Use Permit or Conditional Use Permit (CUP) as determined by the Director of Community Development.. School. activities such as recess, lunch and state required physical. activities shall be exempt from this requirement. 41. The gate providing ingress and egress to DeMontfort Academy shall be locked when the school is not in operation, as defined within this Conditional Use Permit (CUP 93 -2). IN ADDITION TO OTHER CONDITIONS OF APPROVAL, PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY, FOR THE FIRST PHASE OF OPERATION, THE FOLLOWING CONDITIONS SHALL BE APPLICABLE: 42. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas r adjacent to landscaped areas. 43. The striping for parking spaces shall be maintained so that it remains clearly visible. Prior to issuance of a Zone Clearance for the first phase, the upper parking lot to be utilized by DeMontfort Academy shall be re- stripped to indicate 43, 9' x 20' parking stalls with 30 foot drive isles. 44. Prior to issuance of a Zone Clearance for phase one, all lighting shall be installed on top of the north side of the administration building to light up the court yard between the administration building and the cafeteria. Lighting shall also be installed on the south side of the administration building to light up the inner court yard. All hallways shall be illuminated. Prior to issuance of a Zone Clearance for phase one, said lighting system shall be approved by the Department of Community Development and the Moorpark Police Department. IE ADDITION TO OTKXR CONDITION8 OF APPROVAL, PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY, FOR TEE SECOND PEASE OF OPERATION, THE FOLLOWING CONDITIONS BEALL BE APPLICABLE: 45. All landscaping and planting shall be installed and inspected prior to the issuance of a Zone Clearance for the second phase r" of operation. pop -7- ' Rnolutfon No. pC- 93-200 Resolution No. PC 93 -280, DeNontfort Academy August 19, 1993 46. Prior to issuance of a Zone Clearance for occupancy for the second phase of operation, the length of the DeMontfort Academy's parking lot, facing Casey Road shall be landscaped. Additional landscaping shall be provided in the parking lot as designated by the Director not to exceed 400 sq. ft. Two set of landscape plans shall be submitted to the Department of Community Development for review and approval prior to issuance of a Zone Clearance for occupancy. 47. The applicant shall landscape a:Sd maintain the parkway along the frontage of Casey Road. IN ADDITION TO OTNER CONDITIONS OF APPROVAL# PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCYo, FOR THE THIRD PEASE OF OPERATION, THE FOLLOVING CONDITIONS SHALL BE APPLICABLE: 48. Prior to the issuance of a Zone Clearance for the third phase of operation, the applicant shall submit to Department of Community Development at least six months prior to the requested occupancy date, a Traffic study. This Study shall be reviewed by the Director of Community Development and the City Engineer at the applicants expense. If impacts due to the expansion associated with the third phase of operation, are unable to be mitigated, expansion of the student population will not be allowed past the number of student accommodated as part of phase 2, is., 90 students at the grade levels identified herein. CITY ENGINEER PRIOR TO ISSUANCE OF SORE CLEARANCNv THE BE SATISFIED: Ciy-?' 49. The applicant shall be required to comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations. These measures shall be implemented by the County of Ventura Public Works Department (Waterworks District No. 1). Common private systems serving industrial or commercial sites shall be reviewed by the City subject to County of Ventura Public Works Dept. standards as required by the City Engineer. 50. Prior to the issuance of a Zone Clearance in the third phase, the applicant shall submit to the office of The City Engineer, for review and approval, a detailed Traffic study. The report shall include all requirements of the City's approved guidelines for traffic studies. The applicant shall pay all costs related to the city Engineer's review. PON -8- Resolution No. PC -93 -280 Resolution No. PC 93 -280, DeMontfort Academy August 19, 1993 51. Prior to the issuance of a Zone Clearance for the third phase, the applicant shall pay any and all mitigation costs /fees which may be required by the City approved traffic study. 52. Sufficient surety, as specified by the City Engineer, guaranteeing the public improvements shall be provided. The surety shall remain in place for a one year guarantee period following acceptance of the public improvements by the City. 53. The applicant shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County ordinance No. 2372. NOORPARE POLICE DEPARTMENT CONDITIONS PRIOR TO TEE ISSUANCE OF A SONS CLEARANCE (!OR TEE PIRBT PEASE OF f, OCCUPANCY), MM POLLO#ING CONDITIONB 8EAL1, EE NETS Lightina 54. Lighting shall be installed on top of the north side of the administration building to lighf upon the court yard between the administration building and the cafeteria. All exterior lighting devices shall be protected by weather and breakage - resistant covers. 55. Lighting shall be installed on the south side of the administration building to light upon the inner court yard. 56. Landscaping shall not cover any exterior door or window. 57. Lighting shall be installed on the north wall of the auditorium lighting the north side of the building. 58. All lighting shall be mounted at a height not to exceed 14 feet from the ground. 59. Landscaping at entrances /exits or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 60. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. Pop -9- Resolution So. K -93 -280 r' Resolution No. PC 93 -280, DeMontfort Academy August 19, 1993 61. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 62. All buildings to be utilized shall have an alarm system as approved by the Police Department. Said alarm system shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 63. Address shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. The numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness.. PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT, THE SHALL BE BATIBPIEDt 64. 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. 65. 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. 66. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (1316"). 67. Approved turnaround areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 68. The applicant shall submit two street improvement plans, as needed, to the Fire District for review and approval of access gates and roadway approach to gates. 69. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background. Where structures are setback more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. P"" -10- . Resolution No. VC -93 -280 Resolution No. PC 93 -280, DeMontfort Academy August 19, 1993 70. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Moorpark Water Works Manual: a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and two 2 1/2 inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be recessed in from curb face 24 inches at center. 71. That the minimum fire flow required is determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by �- the I.S.O. for determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 2500 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume at the project. 72. That if any building(s) are to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire Prevention for review. 73. That building plans of all A, E, I and H occupancies shall be submitted to the Ventura County Bureau of Fire Prevention for plan check. 74. That fire extinguisher shall be installed in accordance with National Fire Protection Association, Pamphlet #10. The placement of extinguisher shall be reviewed by the Fire Prevention Bureau. 75. That all grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 76. That trash containers with an inc}ividual capacity of 1.5 cubic yards or greater, shall not be stored within 5 feet of openings, combustible walls, combustible roof save lines, unless protected by approved automatic fire sprinklers. (Uniform Fire Code, Article 11). Pop -11- Resolution No. VC -93 -280 Resolution No. PC 93 -280, DeMontfort Academy August 19, 1993 77. The applicant shall submit two street improvement plans to the Ventura County Bureau of Fire Prevention for review and approval of access gates and roadway approach to gates. 78. That plans for any fire alarm system shall be submitted to the Ventura Bureau of Fire Prevention for plan check. 79. Plans for the installation of an automatic fire extinguishing system (such as halon or dry chemical) shall be submitted to the Fire District for plan check. 80. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 81. The applicant shall submit plans- to the Fire District for approval of the location of hydrants. On plans, show existing hydrants within 300 feet of the development. VENTURA COUNTY ENVIRONMENTAL HEALTH DEPARTMENT IFTER OCCUPANCY, TEE FOLLOWING CONDITIONS SHALL BE SATISFIED: 82. The storage, handling, and disposal of any potentially hazardous material shall be in compliance with applicable State Regulations. 83. Within 14 days after occupancy, the applicant shall contact the Hazardous Materials Section of the Environmental Health Division and obtain all necessary permits. Peps -12- Resolution No. PC -93 -280